Archived posting to the Leica Users Group, 2014/07/10

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Subject: [Leica] Is this ethical?
From: red735i at verizon.net (Frank Filippone)
Date: Thu, 10 Jul 2014 14:32:04 -0700
References: <A0FD9D13-4835-43A0-A8BD-E0C37ECC6B31@gmail.com>

Situation:  The kid is probably 8-11 years old.  You are on the public
street.  You take her picture,  She says no photos.  You did not erase the
images taken before the NO.....

I realize this is Spain, with different rules/laws, however..... in the
US....

The girl is a minor with essentially no legal rights.  In this case NO means
nothing.
Photography of a minor, assuming it is not in the least bit pornographic or
perverse, is not against the law.  Ditto any other age.
You are on a public street, visible. You have the legal right to photograph
anything from a public street.  Anything. 

Now if you were to use the photograph to financial gain ( sell/rent/use the
picture in an advertisement, for example) the rules change.....  It is still
lawful, but she could sue you for use without reimbursement.... and win.

This all centers upon the "rights" of the Paparazzi.  Which have been upheld
in the US.

Are you planning to make a lot of money from this photograph?

Shall we call you Don Paparazzi Luis?

Frank Filippone
Red735i at verizon.net


-----Original Message-----
From: LUG [mailto:lug-bounces+red735i=verizon.net at leica-users.org] On 
Behalf
Of Lluis Ripoll
Sent: Thursday, July 10, 2014 10:56 AM
To: Leica Users Group; MUGers at yahoogroups.com
Subject: [Leica] Is this ethical?

The Luggers who has been in Barcelona they know very well this place, Sant
Felip de Neri, I love it! There is as school there and I've take some shoots
trying to respect the privacity. The young girl has came and said me "no
photos" , I have processed the image with a certain contrast to made the
faces more difficult to be identified. In Spain there is no Law regulations
about restrictions to photograph children. What do you think?

Children, Pl. Sant Felip de Neri
<http://gallery.leica-users.org/v/luisrq/Barcelona/2014061102.jpg.html>

No photo
<http://gallery.leica-users.org/v/luisrq/Barcelona/2014061103.jpg.html>

Leica MP, Summilux 50 v2, Agfa APX100, Plustek, Vuescan

Thanks, I will appreciate your c&c !

Saludos cordiales
Lluis


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Replies: Reply from lluisripollphotography at gmail.com (Lluis Ripoll) ([Leica] Is this ethical?)
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In reply to: Message from lluisripollphotography at gmail.com (Lluis Ripoll) ([Leica] Is this ethical?)