Archived posting to the Leica Users Group, 2001/05/22

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Subject: [Leica] Re: display of wedding images
From: Andrew Nemeth <azn@nemeng.com>
Date: Wed, 23 May 2001 05:55:52 +1000

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