Man sentenced to 90 days for taking pictures

Discussion in 'Photographic Discussions' started by Josh66, Jul 2, 2009.

  1. TheOtherBob

    TheOtherBob TPF Noob!

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    Well, I don't see anyone "heatedly" discussing anything...but nonetheless. :D (And even if we were all lawyers specializing in Texas privacy law...we'd still just be a bunch of friends arguing semantics and opinions! Such is the internet.)

    We're talking about common and constitutional law in the U.S. (the underlying question dealt with Texas). The roots of privacy law are debatable, but many would argue that they're constitutionally-based. (Though that's a rotten kettle of fish I don't want to dive into.) Others see them as based in the common law dealing with torts. Regardless, the primary driver of privacy law is not local statutory law, but rather general common or constitutional law.

    Now, are there local statutes that might affect that? Of course. There always are, regardless of the topic. But I don't think we can say that it's impossible to have a discussion of a general, common law issue because local statutes might affect the outcome. Sure, without full context we're talking hypotheticals and generalities...but of course we are, it's the intertubes. :lol:


     
  2. JerryPH

    JerryPH No longer a newbie, moving up!

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    Discussion is one thing, offering ACCURATE legal advice is another. In one if it is wrong, meh, who cares, welcome to the internetz. In the other, someone takes it as fact... and ends up in jail. That was my point. People read here, expect it to be true, and it so not even close to being so.

    I was advocating that people use common sense and find out what the laws are local to them for best accuracy. :)
     
  3. TheOtherBob

    TheOtherBob TPF Noob!

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    ....?

    No one here has offered any legal advice. Legal advice tells you what to do in your particular situation. Discussions of the law, generally...merely discuss the law, generally. Stating your understanding of the law is by no means providing "legal advice."

    Although I agree with you that anyone considering taking an action that may or may not violate the law should consult a local attorney, I don't agree that we should avoid discussing the law out of a fear that someone might misuse or misunderstand it. They might, it's true -- but knowledge and discussion beats secrecy. The law is the framework of our society -- knowing and discussing it should not belong only to those who've read (or been forced to read, in my case) Epstein on Torts.

    Now, if the man who was arrested were here and asking for advice, that'd be one thing -- and I'd have to tell him the old "IAALBNYL" thing. But he's not. :D
     
  4. Mystwalker

    Mystwalker TPF Noob!

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    I think law in this case is a bit harsh - not saying he is innocent ... BUT regardless of what law says, photographer have to use common sense.

    Is picture worth having irate/defensive parent in your face?

    I (parent) am not a mind reader - a photographer's intentions may be innocent, but I do not not know that unless photographer talks to me.
     
  5. Josh66

    Josh66 Been spending a lot of time on here!

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    ...Yeah. The state sales tax is 6%. Each town is allowed to tack on an additional 2.25%.

    So far, I haven't been to any towns that didn't add on their part too.
     
  6. bradly

    bradly TPF Noob!

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    I've noticed in general that people don't like having a picture taken of them unless they specifically are seeking to be photographed. Whether it's legal or not, it's not nice or respectful of those folks. And since I never know who's cool with it or not, I never do any 'candid' shots unless I'm at a parade (where everyone is snapping away).
     
  7. skieur

    skieur TPF Noob!

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    Sorry to inform you but the law does not vary that much from Canada, the US, Britain and elsewhere. The basic concepts and freedoms are often the same because of international treaties related to journalistic rights. The differences are minor and some have not been challenged in the Supreme Court of the particular jurisdiction.

    skieur
     
  8. skieur

    skieur TPF Noob!

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    Quote: Originally Posted by JerryPH [​IMG]
    Discussion is one thing, offering ACCURATE legal advice is another. In one if it is wrong, meh, who cares, welcome to the internetz. In the other, someone takes it as fact... and ends up in jail. That was my point. People read here, expect it to be true, and it so not even close to being so.

    I was advocating that people use common sense and find out what the laws are local to them for best accuracy. :)

    I don't agree that someone should spend money on a lawyer to provide basic information related to the law and photography. Moreover unless the lawyer deals with photography issues regularly his advice is just as suspect as that of anyone else.

    It is understandable that some should seek and want to ask questions about the basic legal concepts related to photography and related laws.

    skieur
     
  9. JerryPH

    JerryPH No longer a newbie, moving up!

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    I hate to say it, but you are both wrong, and both right... it depends on country, county and even city laws. You guys are talking apples and oranges. :confused:

    If you want the ONE right answer... set the EXACT location and then talk to a local lawyer. That is the only way you can settle this, if that is your desire. ;)

    While I was living in Texas, they had a different "State Tax" changing from TOWN to TOWN, not even county to county. Different laws for different geographical areas.

    I am sure this discussion of rights or expectations to privacy is also something that will greatly vary from location to location. I know it varies from state to state in the US and changes TONS from province to province in Canada.
     
  10. Josh66

    Josh66 Been spending a lot of time on here!

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    True. The town I live in has different laws than the next town down the highway (in the same county). ...Annoying.


    I think "common sense" will save you 99% of the time. But, there are some laws that defy common sense...
     
  11. JerryPH

    JerryPH No longer a newbie, moving up!

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    Basic to whom? You? Me? Some guy in Peru? How could you or I help some Peruvian needing LEGAL advice from here? :confused:

    Unless you know the laws specific to the EXACT location of the person doing the asking, you cannot and SHOULD NOT offer it. Chances are you are going to be giving out improper legal advice.

    Personally, the last thing *I* would be doing is asking anyone on the internetz anything about the law, even if they told me they were the lawyer living next door to me.... how in the heck could I make sure, unless I went next door and knocked on his door?

    Listening to legal advice from here would more than likely land me in jail as that lawyer is some 14 year old with good grammar and me being very gullible... lol

    If you are going to be screwing around with the law, it is a small fee to pay some lawyer to spend an hour of his time and get it straight... and when someone questions you, you have the facts, undisputable and straight from the law books. Speaking of books, if you don't want to spend the $100 to save your hiney... consult a local law library. Though less reliable, it is STILL better than getting it off the net... as THAT is as unreliable as it gets!
     
    Last edited: Aug 6, 2009
  12. skieur

    skieur TPF Noob!

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    Talk about "apples and oranges", different taxes from one location to another in NO way relates to photographic rights and privacy which are federal in Canada and Britain and state and federal in the US.

    By the way, local bylaws related to photography are not even legal until they have been challenged and upheld in court. Moreover most of them tend to be reasonable in dictating that you can not disturb normal pedestrian traffic or park enjoyment by setting up and using major production equipment without a permit. If they prevent you from taking photos beyond the restrictions of federal laws, then they are open to court challenge.

    skieur
     

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