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View Full Version : What would you if someone takes a photo or video of you?



sophi3
08-24-2013, 04:12 AM
As above.

Debi
08-24-2013, 04:14 AM
That answer will TOTALLY depend on how 'out' you are as to how much you care! It also depends on what they plan on doing with the photo/video! .. Difficult to answer, but I don't think I'd be that bothered personally

x

Rachelakld
08-24-2013, 04:44 AM
What could you do? Personally I'ld just smile, since I wouldn't want the police or lawyers

Kalista Jameson
08-24-2013, 04:52 AM
Hi,

I guess if you put yourself in a position to be photographed, expect it will happen. The old saying "What's happens in Vegas, stays in Vegas" is dead. It's been replaced with "What happens in Vegas, ends up on YouTube."

I'd keep it in mind before going out. =)

Cheers,

Kalista

noeleena
08-24-2013, 05:26 AM
Hi.

Try being interviewed for T V in front of your nation on two stations , & see whats said, & with our Edwardian group plus other 's, we have our pic's taken while out & about not including what i do for our other groups, some many 1000's of pics,

Its not haveing my pic's taken that bothers me its i dont look female enough that im not confident about yes i get embarrised its an issue i have about myself, so it comes down to what you see is what you get, Iv been in the limelight many times, just a part of what we do. im very uncomfortable haveing my pic taken yet when your a public relations person you just have to get used to it, no matter what.

...noeleena...

PaulaQ
08-24-2013, 05:33 AM
Honestly, at this point if you leave your home, and you live in a metropolitan area, you are likely imaged many times per day, without your consent or knowledge. So what's one more time, when you are aware of it, worth getting flustered over?

A happy thought from Paranoid Paula!

Wendy me
08-24-2013, 05:52 AM
all depends like am i still in the wittness program or is it a fbi /cia thing thay are looking to indite me?.......... or just someone snapping pictures.......

andreanna
08-24-2013, 06:34 AM
it is illegal for anyone to take your photo without a signed release unless you have commissioned them to do so. they may do it lrgally is when you are in a "crowd" of 3 or more persons.

Kate Simmons
08-24-2013, 07:19 AM
Usually smile and just enjoy the moment. I've gotten used to the fact that many people like to take a video of me dancing at the club, then have me pose with them to take a pic. I have absolutely nothing to hide or be concerned about at this point in life.:)

linda allen
08-24-2013, 07:24 AM
it is illegal for anyone to take your photo without a signed release unless you have commissioned them to do so. they may do it lrgally is when you are in a "crowd" of 3 or more persons.

I think you need to provide some proof of that statement. I find it hard to believe.

As someone else posted, you are photographed without your consent or knowledge when buying fuel for your car, at ATM machines, convenience stores, Walmart, and many, many other places every day.

If you leave your house, you can expect to be photographed. Be prepared.

Sarah Beth
08-24-2013, 07:27 AM
We live in a world where almost everyone has a phone with camera in it and a lot of them are looking for something to get on "film" that will give them their 15 minutes of fame. If you go out dressed in all likelyhood your picture is being taken somewhere. Just look around next time you go out at all the cameras around. The convenience stores, department stores, grocery stores, all have them. When you are in a mall or one of the large box stores just look up and see the evenly spaced little dark globes hanging down from the ceiling, those are the cameras watching your every move.

I'm thinking if I ever get the nerve up to go out dressed I'm wearing a hoodie and big dark glasses.........

Rhonda Darling
08-24-2013, 08:10 AM
it is illegal for anyone to take your photo without a signed release unless you have commissioned them to do so. they may do it lrgally is when you are in a "crowd" of 3 or more persons.

Unfortunately, there are no photo police nearby when you need them to tackle the buggars and take their camera. -:)

Jaylyn
08-24-2013, 08:57 AM
Where is it in what law that someone can't take your pic in a public place ? I thought if your in public and unless you are taking pics of minors then the pictures were legal especially if you are if you are out of your private abode. I have stopped would be crime by taking my cell phone while watching some kids starting tear up a street sign in front of my moms house once. They said what are you doing I said videoing you for the police. They scattered like a covey of quail. I didn't even have the camera on my cell on but that is a great deterrent.

PretzelGirl
08-24-2013, 09:15 AM
Simply put, if you go out, plan to be photographed. You may get disappointed :heehee: but it is better to be prepared for all possibilities when you go out. If you aren't prepared, then you aren't ready to go out.

Now what to do? All I can think of is a night a Diva Las Vegas. We were doing a limo ride where we stop as a large group at various stops (Fremont St, casinos,...). We stopped at the Bellagio and went in and immediately ran into a group of bridesmaids taking the bride out. Each had their hair in a different neon color. Photo op! While taking our photos with them, finally one of us was paying attention and noticed a good crowd (had to be well above 50) in a wall near us taking a picture of the entire group. What did we do? We lined up and smiled! A few of us took their picture too. No legalities there. :D

Leah Lynn
08-24-2013, 09:27 AM
Sometime, somewhere, someone will turn on the face recognition software, and you're busted! It's no longer a matter of "IF", but rather, "WHEN".

Just smile sweetly, and enjoy the moment.

Hugs,
Leah

I Am Paula
08-24-2013, 09:32 AM
Remember, when someone photographs you, it ends up on their facebook page. Unless you are FB friends with them, it doesn't end up on your FB page. So 1.5 billion people get to see it, but not YOUR 1.5 billion people.

Jenny CD
08-24-2013, 09:33 AM
it is illegal for anyone to take your photo without a signed release unless you have commissioned them to do so. they may do it lrgally is when you are in a "crowd" of 3 or more persons.

Actually no. That is not true. If you are in a public area, be it a store or your front yard you are in public and ANYONE can take video or pictures of you. I know this because I was in the media for 17 years and had to know the law. If a person can see you with their naked eye, you are fair game. Even in your home if someone can see into your house. Believe it, I've done it and aired it on tv. If someone approached us and asked us not to put them on tv, it was OUR decision whether it was worth it or not.

Barbra P
08-24-2013, 09:46 AM
it is illegal for anyone to take your photo without a signed release unless you have commissioned them to do so. they may do it lrgally is when you are in a "crowd" of 3 or more persons.
Absolutely False! “When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view.” – Courtesy of the ACLU Website (LINK (https://www.aclu.org/free-speech/know-your-rights-photographers)).

“You can photograph people in public places without consent. There are exceptions, though. If subjects have a reasonable expectation of privacy, don't photograph them. For example, don't photograph someone in a restroom or locker room.” – Courtesy of USA Today (http://usatoday30.usatoday.com/tech/columnist/kimkomando/2008-04-17-public-photography_N.htm)

“The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs.
Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs.” – Courtesy Bert P. Krages II, Attorney at Law (http://www.krages.com/phoright.htm)

About the only time a release or consent is required is when the photograph or video is intended to be used commercially. Even then a release is not required to take the photograph of an individual, only to use the photograph commercially. This does not apply for photographs being used journalistically or by news media. The courts have ruled that if the company or photographer has done their due diligence and still can not locate the subject of the photo the company or photographer can use the photo commercially.

As an avid amateur photographer and active on photography forums for many years I saw this come up many times, along with who owns the copyright for the photograph. One question that repeatedly came up; “If I’m in a public place can someone seize my photos?”, “Sometimes agents acting for entities such as owners of industrial plants and shopping malls may ask you to hand over your film. Absent a court order, private parties have no right to confiscate your film. Taking your film directly or indirectly by threatening to use force or call a law enforcement agency can constitute criminal offenses such as theft and coercion. It can likewise constitute a civil tort such as conversion. Law enforcement officers may have the authority to seize film when making an arrest but otherwise must obtain a court order.” – Courtesy Bert P. Krages II, Attorney at Law (http://www.krages.com/phoright.htm)

Copyrights are easy – the photograph’s copyright is the property of the photographer unless the photo was taken while the photographer was employed and a contract exists that states the copyright is the property of the employer – your standard Hollywood stuff.

Jenny CD
08-24-2013, 10:08 AM
Barbara... I've always wondered why people thought they could go out in public anywhere and not expect their picture or video to be taken of them without their permission. If you are in public, you are in public and your photo/video can be take of you. Happens every second of every day.

Beverley Sims
08-24-2013, 10:10 AM
Just ignore the situation unless you are taunted or known by the person concerned.

Barbra P
08-24-2013, 10:19 AM
OOPS! Almost forgot, many times permission, even a permit, may be required to photograph a work-of-art. If you find yourself in Paris you can take pictures of the Eiffel Tower all day long, because by day, the sun light and the Eiffel Tower are in the public domain. But once the lights come it’s another story as France has ruled that the Eiffel Tower’s artistic lighting is copyrighted and any night time photograph of the Eiffel Tower, where the tower is the main subject of the photograph, is actually a photograph of the artistic lighting. You can find countless tales of people being ordered to remove night time photos of the Eiffel Tower from their personal Webpage, like this one http://www.redbubble.com/people/christinebetts/journal/2808231-copyright-issue-with-my-photo-of-the-eiffel-tower-at-night.

So if you can get yourself copyrighted as a work of art, anyone wishing to photograph you might have to get your permission, at least if they want to disseminate the photo, or they'll be in violation of your copyright.:)

Loni
08-24-2013, 10:40 AM
well i was in my souther bell gown, (see river city gems) just did the pride parade in sf,
we were walking back to the motel and this guy walking the other way tried to do a sneak photo i invited him to do a proper shoot and even had another passerby take a photo of him with us.

BUT if dressed as just a gal walking down the street NO i would not like it.
there are privacy law getting broken there. except if the government does it.

Tracii G
08-24-2013, 10:50 AM
I have caught people taking my pic.Thinking they were doing it with out me noticing but I just smile and go on.
I'm sure I'm in a people of WalMart video somewhere.LOL

Jenny CD
08-24-2013, 10:51 AM
Yeah, but how many people in the world get themselves copywrited? In all of my years as a professional videographer I've never encountered ONE person that was copywrited unless they were a model or actor/actress. It's a long process. Even then, it doesn't really matter. Why do you think paparazzi exist? They don't care. I wouldn't worry about it, though.

Lynn Marie
08-24-2013, 10:53 AM
A picture of me? I just smile as sweet as I can and suck in my gut!

Jenny CD
08-24-2013, 10:54 AM
there are privacy law getting broken there. except if the government does it.

Nope. If you are out in public, the privacy laws are out. Bottom line... If you decide to go out in public, ANYONE can your picture or video.

MysticLady
08-24-2013, 11:00 AM
Smile for the Camera.:D

http://www.youtube.com/watch?v=2KxO45zthVY

Barbra P
08-24-2013, 11:20 AM
. . . BUT if dressed as just a gal walking down the street NO i would not like it.
there are privacy law getting broken there. except if the government does it.

The courts have ruled that you have no expectation of privacy while in a public place.

The Constitution does not specifically mention a right to privacy; the 9th amendment is sometimes brought up as granting rights to privacy, but the 9th amendment basically prevents the Government from denying rights not enumerated in the Bill of Rights. It does not in and of itself bestow any additional rights. The three amendments that do address privacy rights are the 3rd, 4th, and 5th, all specific in nature as to what privacy right they address.

Third – No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Fourth – The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth – No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Tami Joy
08-24-2013, 11:58 AM
Tell them they forgot to tell you to say cheese.

Eryn
08-24-2013, 12:15 PM
One time I was at a CD event at a restaurant. Several of us tall girls had to stand and wait for a couple of minutes while a table was cleaned. I saw a teen boy at a nearby table with his I-phone and, sure enough, it came up into the "I'm taking a picture" position.

There's not much to be done about such situations. I just try to look as good as I can!

darla_g
08-24-2013, 12:16 PM
incomplete question: and does what with it?

linda allen
08-24-2013, 12:46 PM
The courts have ruled that you have no expectation of privacy while in a public place.

The Constitution does not specifically mention a right to privacy; ....................

Even if it did, many people do things day in and day out that are illegal with the idea that it's not really illegal unless you get caught. Running stop signs and red lights, speeding, illegal drugs, minors with alcohol, just to name a few.

BTW: There were no cell phones or cameras when the Constitution was written. No audio recording dvices either. It's not something they would have thought of.

Shelly Preston
08-24-2013, 01:32 PM
You can always ask them to send you a copy of the pictures :)

GaleWarning
08-24-2013, 02:25 PM
I approached the person concerned and explained the privacy laws in New Zealand. She deleted the picture from her camera.

Barbra P
08-24-2013, 02:57 PM
What frequently happens with “rights” is that one person’s perceived personal rights infringe on someone else’s perceived personal rights, and both people are likely to be claiming rights that are nowhere defined. In some cases the courts have made rulings that set legal precedent, i.e. a person in a public place, with few exceptions, has no expectation of privacy. A person legally occupying public space, with few exceptions, can photograph anything they can see – if they can see it, it’s not private. In the same vain a police officer who stops your vehicle can’t search your vehicle without probable cause or a court ordered warrant, however if the officer can see something that is illegal and that something is in plain sight from outside the vehicle, the officer has probable cause.

GinaD
08-24-2013, 04:48 PM
If I'm out in public or visible to someone standing legally outside my home, so be it. I'm not trying to hide myself, so I'm out for anyone to see. Now if someone was poking a camera through closed blinds or a peephole or something like that, I am likely going to respond in a negative way. In California, you can't be photographed or videotaped anywhere you have a reasonable expectation of privacy. When I am out in public, I must admit I like getting a little attention, so snap away! If you are doing something you don't want photographed or videotaped, don't make yourself available for that kind of thing.

jacky83
08-24-2013, 05:34 PM
Usually to most people we are unrecognizable in girl mode. Even if they read us matching our fem to male persona is unlikely. One of the fun, main activities at DLV is getting our pictures taken and posted on its web site (DLV allows us a veto though).

oliviall
08-24-2013, 07:06 PM
When I have been approached by strangers to take a photo or catch someone doing it, I politely inform them that the licensing fee for my image is that I get a copy, and hand them one of my cards :)

lingerieLiz
08-24-2013, 10:29 PM
If you are in a public place your picture can be taken. However it can not be used for commercial purposes as in advertising. That is what got the publisher of Girls Gone Wild got nailed for. He had pictures of girls which he used to advertise his product.

andreanna
08-25-2013, 07:32 AM
sorry for the confusion, I forgot that US laws are different than Canadian. This is how it works in Canada. A shooter does not have copyright to any photos, it is only the one that commissions them ( which is crap, but anyhow) and the 3 or less rule is the rule for the pro photographers group and it has been found in the Canadian law books

StephanieCD21
08-25-2013, 07:46 AM
As long as I am not doing anything illegal or embarrassing, I say go for it. Frankly, I'd be flattered.

linda allen
08-25-2013, 08:14 AM
Usually to most people we are unrecognizable in girl mode. Even if they read us matching our fem to male persona is unlikely.

That's what I count on when I go out. It's why I wear my hair (wig) with bangs and why I change my glasses. And I don't walk around my own neighborhood dressed.

Raychel
08-25-2013, 08:15 AM
I would smile my best and if I thought is was a good one, I would ask for a copy, :heehee:

Cheryl T
08-25-2013, 08:17 AM
Probably just ask them for a copy....

jillleanne
08-25-2013, 08:27 AM
Ask for a copy of it. My s/o is terrible with a camera.

Tina B.
08-25-2013, 08:47 AM
Well I don't go out so I get to call the cops and have the photographer arrested for breaking and entering.
But seriously I get a kick out of how the gay group "Sisters of Perpetual Indulgence" handle it. Someone shots "Photo OP!" and they all put on an outrages pose. Makes them fun to photograph and want to share the results with them.
I go to the park after the pride parade, we all do, it's a great place as a photographer, because of how open to cameras they all are. If your really out, what's the objections, and if your not all that out, you knew there was a risk involved when you walked out your door. So just smile pretty!

DanielleT
08-25-2013, 01:52 PM
I like doing pictures, I love dressing up and being the woman I am. As far as pictures go, I do love sharing with other women and while I have had some bad experiences, I still enjoy doing that.

Chickhe
08-25-2013, 11:51 PM
The laws vary, but generally there are two parts to it...one, anyone can photograph anyone else as long as its not in a place where they expect privacy....change room, their home etc... two, publishing...this is what you need permission for unless its a news worthy event. And there are other laws that apply, slander, etc.. So, the short answer is, you should not publish anything that might do harm to anyone and if sending around an image of a CDer walking around walmart causes harm to that person they could sue you or press criminal charges.

The way I look at it, if I go out in public, nobody knows for sure who I am unless I tell them so my privacy is mostly protected. When you go out in public you also have to be prepared that someone might recognize you, but the chances of that are pretty low especially if you have put a lot of effort in to the transformation.

Bethany_Anne_Fae
08-26-2013, 12:14 AM
I hit the clubbing scene almost every Friday night and invariably there is someone there with their iPhone at the ready snapping photos. I haven't had a problem with people taking my picture, some of them actually show me what they shot and ask permission to post it on FB... 90% of the time I don't mind and am flattered that they would want to ;)

*hugs*
Bethany

Davena Doll
08-26-2013, 12:39 AM
This post reminds me, I need to go on you tube and look for my self.

Jenny CD
08-26-2013, 12:54 AM
The laws vary, but generally there are two parts to it...one, anyone can photograph anyone else as long as its not in a place where they expect privacy....change room, their home etc...
The way I look at it, if I go out in public, nobody knows for sure who I am unless I tell them so my privacy is mostly protected. When you go out in public you also have to be prepared that someone might recognize you, but the chances of that are pretty low especially if you have put a lot of effort in to the transformation.

In the US, if you are public.. No matter what you look like you are fair game. Period.

heatherdress
08-26-2013, 01:34 AM
In addition to individuals who may take our picture on phones or cameras, our images are also captured on store, airport, traffic and security videos constantly without our knowledge or permission.

That said - this is not new. Why is this a concern?

AmyGaleRT
08-26-2013, 02:52 AM
I've had photos taken of me, at Denver PrideFest. I was pleased to be able to pose with the folks who wanted to take a picture with me. I've looked online, but I never saw those pictures, so I don't think I really had to worry...and nobody there would know me as anything other than "Amy" anyhow.

And that doesn't even count the NSA. (Hello to all my friends in domestic intelligence! :D )

- Amy