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Answerman - Is It Really Illegal To Take Pictures Of People Without Permission?




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Ushio



Joined: 31 Jul 2005
Posts: 635
PostPosted: Mon Apr 09, 2018 12:28 pm Reply with quote
In New York always keep curtains or blinds closed you can be filmed legally otherwise https://arstechnica.com/tech-policy/2015/04/for-arts-sake-photoing-neighbors-with-zoom-lens-not-a-privacy-invasion/
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Emma Iveli



Joined: 19 Jun 2005
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Location: Hobo with internet
PostPosted: Mon Apr 09, 2018 12:46 pm Reply with quote
I was wondering about Street View, then it's explained it's fine if you're taking wide shots of scenery... so it is legal there... good to know.
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Agent355



Joined: 12 Dec 2008
Posts: 5113
Location: Crackberry in hand, thumbs at the ready...
PostPosted: Mon Apr 09, 2018 2:32 pm Reply with quote
Ushio wrote:
In New York always keep curtains or blinds closed you can be filmed legally otherwise https://arstechnica.com/tech-policy/2015/04/for-arts-sake-photoing-neighbors-with-zoom-lens-not-a-privacy-invasion/

And I thought someone secretly taking a close-up of a stranger on the subway was creepy. That is way creepier, Especially considering that in New York City if you are unable to install working vents in a bathroom you have to ensure it has a working window by building code. Lots of old buildings without proper air conditioning (some buildings are so old, they don't even have enough electrical power to support air conditioners!)=people keeping lots of windows open in the summer, especially bathroom windows, to air them out...I know it's probably illegal to take pictures of people in the bathroom, but who knows what intrepid artists think they can get away with! I think I'd rather go with Japan's stance on this issue.
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residentgrigo



Joined: 23 Dec 2007
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Location: Germany
PostPosted: Mon Apr 09, 2018 3:37 pm Reply with quote
I had legal classes and university courses on German copyright law and at least here it´s always possible to take pictures with people in them as long as they are an "accessory". Meaning that the landmark or whatever you are photographing needs to be in focus for others in the shot to become legal white noise. You can also take photos of people going about their job (as fishermen) as long as what is shown is a routine activity. This part is a bit convoluted though.
Attending public events as let´s say the infamous Oktoberfest or a museum opening will further lead to waving away the rights to your picture. So you could show in a newspaper on the front page while in focus in such cases. This regularly happens if protestors look especially photogenic.

You could lastly take a voyeur shot of a celebrity and be legally in the wrong, so publishing/taking the shot is a crime if the victim sues. Yet the photographer would also hold the copyright of the questionable photo, as the law this all relies on is older than anyone alive. Taking pictures used to be a hard undertaking back in the day and needed heavy legal protection.


Last edited by residentgrigo on Mon Apr 09, 2018 3:48 pm; edited 1 time in total
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MarshalBanana



Joined: 31 Aug 2014
Posts: 5504
PostPosted: Mon Apr 09, 2018 3:44 pm Reply with quote
I think any shot where you appear as part of the scenery is fine, but if you are a focal point of the picture, then it would only be polite to ask the person.
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NOGI48



Joined: 14 Feb 2016
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PostPosted: Mon Apr 09, 2018 6:44 pm Reply with quote
Well that explains why every TV show has everyone face blurred. But with international news they NEVER have there face hidden.
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PurpleWarrior13



Joined: 05 Sep 2009
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PostPosted: Tue Apr 10, 2018 12:03 am Reply with quote
I think there's a law in California that protects celebrities' children from being photographed by paparazzi. This is a huge down side of being famous. Paparazzi will stop at nothing to get juicy shots, even peeping into hotel rooms. Also never nude sunbathe or go skinny dipping at any resort. TMZ will find you.
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Puniyo



Joined: 08 Oct 2015
Posts: 271
PostPosted: Tue Apr 10, 2018 8:49 am Reply with quote
I went to school for journalism and I'm still very hazy on the laws in the UK.
What I gathered from school is that you're allowed to take photos (and use/publish) of a public area, and if someone's caught in the photo, too bad. You only need permission for videos - either from the owner of the area, or the individual featured (if it's like an interview or something). But generally I think the rule is 'It's fine until the person tells you to stop'.
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Shiroi Hane
Encyclopedia Editor


Joined: 25 Oct 2003
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Location: Wales
PostPosted: Tue Apr 10, 2018 8:50 am Reply with quote
Emma Iveli wrote:
I was wondering about Street View, then it's explained it's fine if you're taking wide shots of scenery... so it is legal there... good to know.

Street View automatically blurs faces anyway.
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Juno016



Joined: 09 Jan 2012
Posts: 2425
PostPosted: Tue Apr 10, 2018 9:03 am Reply with quote
Shiroi Hane wrote:
Emma Iveli wrote:
I was wondering about Street View, then it's explained it's fine if you're taking wide shots of scenery... so it is legal there... good to know.

Street View automatically blurs faces anyway.


Unfortunately, it's not perfect at it, since it doesn't always recognize faces from certain angles. I found myself outside my apartment on street view in Japan, but because I had my head tilted, it didn't get blurred. Eventually, they replaced it, so I no longer have to worry about it, but I had students approach me about it (since the eikaiwa I worked at was nearby).
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TarsTarkas



Joined: 20 Dec 2007
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Location: Virginia, United States
PostPosted: Tue Apr 10, 2018 9:51 am Reply with quote
Agent355 wrote:
[I know it's probably illegal to take pictures of people in the bathroom, but who knows what intrepid artists think they can get away with! I think I'd rather go with Japan's stance on this issue.


It is not the photographers you need to be worried about, but rather the people with telescopes. People watching is a thing in NYC, or anyplace that has a lot of buildings close together. They will be watching you everyday, and will probably know more about you than you know yourself, cause you are part of their entertainment and voyeurism.
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#Verso.Sciolto





PostPosted: Tue Apr 10, 2018 8:18 pm Reply with quote
In Japan too, taking photos with dubious consent can make a cameraman famous.
KaoRi - as tweeted and retweeted - April 1, 2018.
Quote:
その知識、本当に正しいですか? Here’s my «me too» story about Araki . Sorry that is only in Japanese. ...
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leafy sea dragon



Joined: 27 Oct 2009
Posts: 7163
Location: Another Kingdom
PostPosted: Wed Apr 11, 2018 8:02 pm Reply with quote
I feel this comes down to introversion versus extroversion as well. The people of Japan, by and large, are highly introverted, whereas the people of the United States tend to be highly extroverted. The introverted will care much more about their privacy than the extroverted will.

There is a certain arcade game made in the United States with a built-in camera that will take a picture of the player if certain accomplishments are made. There is no option to turn the camera off short of disconnecting the camera. In fact, this question was addressed to the creators of the game at a convention by someone who didn't like having his picture taken. The creators were thrown for a loop and said, "Um, well, I guess you can tape a piece of paper over it if it bothers you that much." I feel this is a pretty good example of how having your picture taken in the United States is taken for granted and how there are plenty of people who don't understand that some people DON'T want to have their pictures taken.

PurpleWarrior13 wrote:
I think there's a law in California that protects celebrities' children from being photographed by paparazzi. This is a huge down side of being famous. Paparazzi will stop at nothing to get juicy shots, even peeping into hotel rooms. Also never nude sunbathe or go skinny dipping at any resort. TMZ will find you.


Ah, I remember that incident last year in which George Clooney's house was repeatedly broken into because of his then-newborn child. He built fences and increased security, but the reporters kept breaking in, and it only stopped when he threatened legal action, as what they were doing was trespassing.
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