Archived posting to the Leica Users Group, 2001/05/22
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Thomas Herbert <iphoto@elp.rr.com> wrote: >The legal terminology used is "does the person have a reasonable expectation >to privacy" and in ANY public venue (street, church, anywhere but their >private property) the answer is no and has been backed up by case after >case. Maybe I'll take a picture of you in secret grocery shopping. I agree Thomas - another example of practice beating theory. In Australia the law is even looser because there is no implied right-to-privacy and no notion of "reasonable expectation to privacy". See the caselaw I cite in the essay I have to my "everyday life" photographs at: <http://4020.net/everyday> So here in Australia you can even photograph people in their own backyards, or at their own weddings. The only things holding you back legally are defamation or trespass (you enter onto their property without permission) or trade practices issues (using the photo of someone commercially as part of advertising, implying that they endorse the product). Other than that, and provided your photographs aren't downright offensive and humilate the subject, you can photograph anyone, anywhere, any time completely without their permission. The only limits are your own sense of what is ethical and what isn't. As to the Magnum photographer who made a point of getting a model release from every conceivable person who might end up in one of their photographs... this is of course a very safe way of going about things. Just like, say, washing your hands a hundred times a day, or always wearing a surgical mask, or even perhaps sporting a Perfect Salvation Initiation electrode cap to keep in tune with the peaceful and wise thoughts of the guru. ;?) Andrew Nemeth <http://4020.net> -> photos, 360° panoramic vrs, sounds <http://nemeng.com> -> vr java applets, leica faq, tech info