Archived posting to the Leica Users Group, 1999/04/05

[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]

Subject: Re: [Leica] Re: Getting Close and Discreet
From: Eric Welch <ewelch@ponyexpress.net>
Date: Mon, 05 Apr 1999 17:30:54 -0500

At 02:14 PM 4/5/99 -0700, you wrote:
>Does anybody know of any specific instances of
>lawsuits stemming from photographs in a public place?

An anti-stalkarazzi piece of legislation was passed in California which 
could be interpreted to mean if you take a candid photo while carrying a 
telephoto lens, you could be sued. It won't hold up to constitutional 
challenge, but it costs so much these days, that I'm betting people are 
going to be reluctant to challenge it. Some newspaper will likely be forced 
into it.

There are plenty of lawsuits. They often win first time through, but lose 
on appeal. That is when it's editorial use. It is illegal to prevent 
photography in public places, thus the definition of public. The press is 
protected in publishing, not making photos. Everyone is as free as anyone 
else. Except, ironically, in California where it is illegal for 
law-enforcement to bar legitimate members of the media from accident and 
disaster scenes. Just try to tell some rent-a-cops that.

Eric Welch
St. Joseph, MO
http://www.ponyexpress.net/~ewelch

Prepositions are not words to end sentences with.