RE FILMING & PHOTOGRAPHING IN PUBLIC
" I am not a lawyer, but I am a very knowledgeable photographic professional who has dealt with these issues many times for more than three decades -- often in consultation with attorneys who specialize in First Amendment law.) The short answer is no. There is no restriction on photographing people in a public place in the U.S. This applies to both still and video images. However, there are a number of significant details that bear on a professional's public actions. The right to privacy: The U.S. Supreme Court has established the standard of privacy as "reasonable expectation" of privacy. One has such an expectation in a private home or in a bathroom or hospital room. But a person who appears in public has given implied consent to being viewed by the general public and, by extension, to being photographed Photographers may legally photograph anybody who is not only IN a public place, but VISIBLE FROM a public place.
For example, a person who stands in their apartment window, in a place clearly visible to the general public, has no reasonable expectation of privacy. However, a photographer may not use equipment such as night vision or telephoto lenses to gain views of private places that would not be visible to unaided eyesight. Right to publicity and to commercial use of likeness: Images of individuals in public places may not be used, without their express permission, FOR COMMERCIAL PURPOSES.
The term "commercial purposes" does not mean any use where the photographer makes money. Editorial and artistic use are specifically not included as commercial use. Commercial use includes use in connection with a product or service or to promote a particular viewpoin
The Post-9/11 World: Police, security guards and others are often ignorant of First Amendment protections. It is not (NOT!) llegal to photograph bridges, buildings, subways or other public infrastructure from public places. But that doesn't mean that you won't get some unwelcome attention when you do it. Remember that anybody with a gun is always right -- even when they're wrong [at least temporarily]. Recap: There is no law restricting photography in public places. If people do not want to be photographed, they need to refrain from frequenting public places. Mark Loundy http://www.loundy.org http://www.mediawoorks.com Media Consulting and Video Production Last edited by mark@loundy.org; 11-18-2008 at 10:57 PM.
Here's the funny thing. Most of the place where these people guard are in fact themselves using surveillance equipment and recording citizens as well... secretly. The next time you go downtown look up! Uncle Sam, you should be ashamed
