Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, September 5, 2019

Street Photography: Children — law, morals & ethics, commonsense

Nanny and children at Parc Georges Brassens, ParisHenri Cartier-Bresson was a 20th century French photographer. He is considered the father of photojournalism and perhaps the most important pioneer of street photography.

Cartier-Bresson was more than a street photographer. His images transcended the genre in a way that street photographers aspire, but rarely achieve. Cartier-Bresson was a humanist photographer. His photographs tell the stories of human endeavor, customs, social and economic class, human character and characteristics, behavior and distinctiveness. His photographs purposefully witness human nature.

Cartier-Bresson walked the streets of the world from the 1930s through the early 1970s, after which he retired to drawing and painting until his death in 2004.

There was little fear of public photographers while Cartier-Bresson walked the streets of the world with his 35mm Leica, unlike the last four decades which have seen increasing fear of public photography, rising almost to hysteria after 9/11. Today, street photographers, particularly those photographing children, must balance their desire to capture candid storytelling moments, with the potential of physical attacks, and social media witch hunts with the potential to destroy one's reputation and career.

Wednesday, May 23, 2012

US Court of Appeals for the 7th Circuit grants injunction against 1994 Illinois eavesdropping law

Independence Hall, Philadelphia, PAIn 1994 the Illinois legislature amended their eavesdropping statute so that it applies to “any oral communication between two or more people regardless of whether one or more of the parties intended their communication to be of a private nature under circumstances justifying that expectation.” (Ill. Pub. Act 88-677 (1994) (codified at 720 Ill. Comp. Stat. 5/14-1(d)))

The law was intended to circumvent an Illinois State Supreme Court decision (People v. Herrington, 645 N.E. 2d 957 (1994) which held that “there can be no expectation of privacy by the declarant where the individual recording the conversation is a party to that conversation.”

Since then, the ACLU in their suit, “American Civil Liberties Union of Illinois v. Anita Alvarez has been seeking to have the scope of the law narrowed.

The ACLU had intended to implement a “program of promoting police accountability by openly making audio and audio/visual recordings of police officers without their consent when: “(1) the officers are performing their public duties; (2) the officers are in public places; (3) the officers are speaking at a volume audible to the unassisted human ear; and (4) the manner of recording is otherwise lawful.”

Friday, September 30, 2011

Milwaukee photojournalist obeying police, arrested anyway

Nikon D200 DSLRFox 6, Milwaukee, reported that veteran photojournalist Clint Fillinger, was at a fire scene videotaping when a police officer ordered him to move back from where other members of the public were located, while everyone else was permitted to remain.

Fox 6 reported that Mr. Fillinger “was shooting video behind the yellow police tape alongside a small crowd that gathered to watch” when the police officer came to him and ordered him to move back.

The station reported that Mr. Fillinger put his hand up defensively as the policeman was forcing him backwards, and accidentally touched the officer. Then, as the report states, Mr. Fillinger was knocked to the ground and arrested. He was cited for resisting and obstructing a police officer. Mr. Fillinger suffered bruises from the incident.

Monday, July 11, 2011

TSA sends letter to NPPA assuring photographers' rights at airports

US Air plane at gate in Atlanta
If you've been following the problems of tourists and professional photographers with TSA (Transportation Security Administration) at airports, you already know that there have been reports that travelers have been harassed, and intimidated by TSA TSOs, when trying to photograph at TSA checkpoints in airports.

Ryan Miklus found out about getting into trouble if you try to take a photo, or make video at a TSA checkpoint when he flew from Phoenix to Reno with his parents earlier this year.

Tuesday, June 28, 2011

Fort Lauderdale bans public photography, then agrees to lift the ban after judge orders it!

General Brand Engraved Combo SlateI've written about the craziness directed at photographers in Florida before. Well they're at it again. In Ft. Lauderdale Florida, they decided it was alright to ban all photography, filming and video by everyone on public property in part of the city. According to Ft. Lauderdale officials, it's all spelled out in City Ordinance Sec. 16-1.

It seems as though to many government officials, taking photographs in public, from public property such as streets and sidewalks, is a criminal offense. I guess these same government officials haven't read the laws they have sworn to enforce, or perhaps they are just incapable of understanding them.

I'm certain they haven't yet read the US Constitution, or if they have, the believe it doesn't apply to them, or the American public.

Wednesday, June 22, 2011

Protect your photographs: Read your gallery and online storage companies' terms of service!

Twitter LogoDo you use Twitter, the real-time information network which can permit you to connect to others to offer them timely information, news and data they might find useful?

Do you share photos or videos via your Twitter feed? Where do you store your photos and videos in order to share them via Twitter? Do you use TwitPic in order to share those photos and videos?

If you've answered yes, my advice to you is simply, dump TwitPic, and immediately delete your photos and videos from the storage service!

Thursday, April 7, 2011

And we thought the Florida law was bad?

Hay bales on the farmA while back I wrote about a proposed law in Florida which would make it a first-degree felony to photograph a farm without first obtaining written permission from the owner.


Wilton Simpson, a Florida farmer said the bill is needed to protect the property rights of farmers and the "intellectual property" involving farm operations. Simpson, also said the law would prevent people from posing as farmworkers so that they can secretly film agricultural operations.

Of course, Simpson couldn't name a single instance when that happened.

The originally proposed bill was so crazy, it even would have made it a first degree felony to photograph a farm from a public road, where the farmer enjoys no expectation of privacy whatsoever.

Tuesday, March 22, 2011

Maryland Judge: Videotaping Cops in Traffic Stop is Allowed

Schuylkill Expressway in Philadelphia at nightThere was some good news recently concerning the civil rights of photographers. It happened in Maryland where a Judge dismissed charges against a photographer who shot a video of police and posted it on YouTube.

The judge stated “Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”

Thank goodness someone has some commonsense, understands the idea of “expectation of privacy,” and that a free and open society needs to protect those who scrutinize public officials, to ensure they remain accountable to the public.

Wednesday, March 9, 2011

Florida Photography: A New Law Gone Mad!!!

Hay bales on the farmYou're traveling in Hamilton County Florida and see a gorgeous farming landscape with hay bales shiny from the setting sun, and get a great photograph of the scene. Perhaps you come across a great river scene along the Indian River in Florida, with rows of orange trees in the background, and snap a photo of it.

Come this July, you could be charged with 2 counts of first degree felony photography, punishable by serious jail time, if a proposed Florida statute becomes law.

Florida State Senator Jim Norman (R) (Tampa) has proposed to make it a first-degree felony to photograph a farm without first obtaining written permission from the owner. A farm is defined as any land "cultivated for the purpose of agricultural production, the raising and breeding of domestic animals or the storage of a commodity."

Tuesday, November 11, 2008

10 travel photography to-do’s before you depart

After your plane has landed on Baltra Island, while waiting for the zodiac to take you to your boat, you see sea lions lounging on the dock. You pull out your camera, press the “on” button, and nothing happens. You forgot to charge the battery.

Aboard the boat, while your battery charges, you miss great shots of whales while traveling to North Seymour. Five days later, all your memory chips are filled, but you have two more days left on the cruise, and you haven’t even been to see those Giant Galapagos Tortoises in the highlands of Santa Cruz Island yet.

I can’t tell you how often these and other lapses in trip preparation plague travelers.

Whether you use a Digital Point and Shoot (DPS) camera in “automatic,” or an advanced Digital Single Lens Reflex (DSLR) camera, you still need to plan and prepare to take photographs while traveling. Travel photographs become keepsakes and can refresh extraordinary memories, so don’t let a lack of a little preparation stop you from saving those memories. Here are ten preparation tips for anyone who takes photographs while traveling:
  1. Determine your photo storage requirements. You definitely need enough memory cards to store each day’s photos, so you can keep shooting without worrying about running out of space. If you have a portable hard drive which can directly upload memory card images, such as a Hyperdrive Colorspace, or a laptop computer, you can upload your photos each evening and reuse your memory cards after formatting them. If not, since memory cards can be expensive, and difficult or impossible to find while traveling, I recommend bringing enough cards with you to store all your photos for your entire trip. Some locations have “photo kiosks” you can use to write your photos to CDs, or you may be able to upload your photos at an Internet cafĂ© to a photo sharing website while traveling, but you can’t depend on their availability, hence my recommendation.
  2. If you don’t have one, purchase a spare battery for your camera. It can take several hours to charge a digital camera battery. You don’t want to loose a single “perfect photo” opportunity while your battery charges. Charge both batteries just before you leave on your trip, and don’t forget to bring your battery charger with you.
  3. Make sure your charger will work wherever you’re traveling. Most digital camera battery chargers can handle voltages from 100-240V, so they will work the world over. Unfortunately, the electrical outlets where you’re traveling may be different from those at home. You can determine if you need to purchase an adapter for your charger’s plug, online, at sites such as Magellan’s Travel Supplies, where you can also purchase the adapters.
  4. Know your gear. I can’t emphasize this one enough. Digital cameras today are packed with great features, and even if you use your DPS in “automatic” there are some camera functions you should know how to control. For example, many museums permit photography, but not with a flash. You need to know how to turn your flash on and off, and for portraits you should know how to turn on the “red eye” setting. You need to know how to format memory cards in your camera after you’ve uploaded your photos, to clear the cards and refresh them. You need to be able to set your focus mode or turn on image stabilization, if your DPS has these features. DSLR cameras have even more to learn. You should familiarize yourself with all your camera’s features to get the most out of it possible.
  5. Well before you leave, test your camera. Last week, a good friend left on a 10-day pilgrimage to see the Apparitions of Lourdes, La Salette, and Laus in France. Just before he was to leave, he pulled out his camera, which he hadn’t used in months, and found it was broken. He borrowed a replacement. You may not have a “loaner” available to you, so test your camera far enough ahead of time that you could replace or repair it in time for your trip.
  6. Before you leave, make sure you have a well-padded camera bag that is sized right for your camera and accessories. Your equipment should fit snugly, and be easy to organize and access. You need this to protect your equipment from vibration and shock which can occur while traveling. Last fall while in Paris, near the Eiffel Tower, I was accidentally pushed into a railing. My bag protected my lenses beautifully, so I could keep using them on the trip.
  7. Pack your camera (and all your valuables for that matter) in your carry-on, not in your checked-in luggage. You don’t want to arrive at your destination, only to open your luggage to find your camera stolen or broken, plus airlines exempt themselves from liability due to theft or damage of valuables, including cameras, in your checked-in luggage. And did you ever watch baggage handlers in action?
  8. Once you set your itinerary, consider doing some photographic planning. Look for specific photographic opportunities among your destinations. Photographers talk about the “golden hours” with good reason. The light quality around dawn and dusk is warm, golden, and casts great shadows. Research your itinerary, and if you have to, get out of bed early or eat dinner late to catch the golden hours. Don’t forget those incredible sunset photos everyone loves. Here’s a good site to help you determine the time of sunrise and sunset.
  9. Before you travel, study your destinations and the customs of its peoples. You don’t want to offend anyone or run afoul of laws. Many people do not like being photographed, and in some Islamic countries, photographing women is forbidden.
  10. Be prepared for bad weather on your trip. Moisture can be deadly for digital cameras. It isn’t worth it to take chances while you travel. The simple precaution of carrying a polythene bag to protect your gear, if necessary, can save your camera and those precious memories you’re trying to keep. Some camera bags come with their own rain covers. I have an inexpensive, but highly effective, commercial rain cover for my camera, which allows me to shoot in the rain. If you’re near the sea, or on a cruise, take care to protect your gear from salt spray and the salt air.
Enjoy your trip!