Archived posting to the Leica Users Group, 2003/07/07

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Subject: Re: [Leica] Perhaps more reason to avoid ebay
From: Eric Welch <eric@jphotog.com>
Date: Mon, 07 Jul 2003 23:58:43 -0700

on 07/07/03 11:09 PM, Clive Moss at chmphoto@sbcglobal.net wrote:

> It is
> my right to photograph anything I think worth photographing. It is equally
> my right not to be photographed or recorded in any action I take. Hmmm.

You would be correct on the first point, and incorrect on the second. If you
are in public, you have no right to say no. Because you have no right to
tell me what I can and can't photograph in public. To keep from being
photographed, stay out of the public eye.

The right to photograph trumps your right to privacy because the former is
more important for the free exchange of ideas, thus protected by the first
amendment. I am limited in how I can use those photos outside of the
"marketplace of ideas." If I take them to the marketplace of mammon (my
wallet benefits), it's a whole new set of rules, and your right trumps mine.

At least here in the States that's how it works.

Eric Welch
Carlsbad, CA
http://www.jphotog.com

On January 24, 1209, after defeating the town of Beziers, near the
Mediterranean coast, the French army is faced with how to tell which
inhabitants are "damned heretics," and which are "good Christians." Simon IV
of Montfort comes up with his infamous solution: "Kill them all, for the
Lord will know his own."

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Replies: Reply from frank theriault <knarf.theriault@sympatico.ca> (Re: [Leica] Perhaps more reason to avoid ebay)