Archived posting to the Leica Users Group, 2004/01/20

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Subject: Re: [Leica] Re: "there's a law..."
From: "jay.gaffney@comcast.net" <jay.gaffney@comcast.net>
Date: Tue, 20 Jan 2004 09:39:11 -0500
References: <200401200247.SAA16825@mejac.palo-alto.ca.us> <003c01c3df09$6edd6a50$ae4d5142@DD4FYK21>

On Monday 19 January 2004 10:56 pm, Bill Lawlor wrote:

> First we learn a photographer can be arrested for photographing patrons at
> a shopping mall. 

I never heard this one.  Where did it happen?  Do you know the details?

Bert Krages book "Handbook for Photographers"  
http://www.krages.com/phoright.htmLegal  is great for comments on situations 
like this.  We as photographers have more rights than we know.   

Just because some one in authority or in uniform says "Hand over your film", 
you might not have to.  Yes, saying "No" may compound what could already be a 
tense situation, but I feel it may be necessary.   Read Mr. Krages comments 
at http://www.krages.com/phoright.htm and check out the Photogs Rights PDF. 

I imagine that, if asked by a mall security guard for my film, I would ask 
back the exact questions Mr Krages suggests - "What legal basis do they 
assert for confiscating my film?"   The mall may not allow photography on 
their property, but the film is my property.   I would not hand it over.  I 
would cite that if they took my film, it icould be considered theft or 
conversion.  If they detain me, it it might be kidnapping, harassment or 
false acusation.

Of course, I do not know the situation mentioned above, and I have never been 
in such a situation.  But I like to think I would stand up.

THX

Jay
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In reply to: Message from "Bill Lawlor" <wvl@infinex.com> ([Leica] Re: "there's a law...")