Archived posting to the Leica Users Group, 2013/05/29

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Subject: [Leica] a photographer sued
From: gerry.walden at me.com (Gerry Walden)
Date: Wed, 29 May 2013 22:53:40 +0100
References: <11839217.1369864213565.JavaMail.root@mswamui-billy.atl.sa.earthlink.net>

I like this clear and concise answer. It is the law as it stands here in the 
UK. However we have what is known as 'common law' here in the UK which means 
this is not written anywhere but is what has developed as a result of the 
rulings in various court actions over a very long time.

Gerry

Gerry Walden
+44 (0)23 8046 3076 or
+44 (0)797 287 7932
www.gwpics.com

On 29 May 2013, at 22:50, Bryan Caldwell <bcaldwell51 at earthlink.net> 
wrote:

> 
> I think the distinction drawn by the California Legislature is a pretty 
> good one. You cannot trespass to capture an image (visual or audio). And, 
> you cannot use a technological enhancing device to capture an image that 
> you couldn't have captured without committing a trespass if you didn't use 
> said device. (We're talking about civil liability here, not criminal acts.)
> 
> So, standing on a public sidewalk taking a picture of someone in their 
> front yard would be okay (although they might not like it). Using a remote 
> helicopter to peer in a fourth floor window or down through a skylight 
> would not. 
> 
> It's also worth remembering that taking the image is one thing. What you 
> can do with it is another. You can have an image that was legitimately 
> taken and still use it for purposes that would submit you to civil 
> liability. 
> 
> Bryan
> 
> 
> 
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In reply to: Message from bcaldwell51 at earthlink.net (Bryan Caldwell) ([Leica] a photographer sued)