Archived posting to the Leica Users Group, 1998/12/04

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Subject: Re: Re[2]: [Leica] sneak thief photographers!
From: FBrunelle@aol.com
Date: Fri, 4 Dec 1998 10:18:13 EST

In a message dated 12/3/98 11:01:56 PM Eastern Standard Time,
hmcclary@earthlink.net writes:

> however,  if the owner of the property asks you to leave you must then
>  leave  and quit shooting on premisis or open yourself up to a possible
>  law suit. What you shot up till asked to leave is ok.

Harrison,
I do not agree with your prior statement.  I believe that if you are on
private property, it is common sense that you know you should not be there in
the first place without permisssion.  Publication of any photo without the
consent of the owner of the grounds where you stand would seem to me as
trespassing on his/her rights to privacy.

Now, if you would take the shot from a fence outside the property with a
"standard" lens which, is commonly referred to as approximating the angle and
length of human sight...that could be a different story:. 1) you are not
physically trespassing on the property; 2) you are capturing what anybody's
eyes could see from the same spot you are on.

The state of California was about to pass a bill concerning photographing
people (some refer to it as the "paparazzi" law) on private grounds with an
article dedicated to the use of telphoto lens.  I don't know if they have
passed the bill yet.  The photo-journalists were preparing a rebuttle on this
bill.  

As all laws are subject to interpretation...one should be utterly careful
about his or her own interpretation.
Respectfully,

Francois