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Question for lawyers amateur photographers.
I live in Manhattan, New York City...When I walk outside wearing mask gloves etc... I often see people not wearing protection walking around, or wearing a mask around their neck....I guess if the president does not see it necessary...Oh...Well. My question is, what would happen if I take pictures of these people without asking their permission to do so, and post the resulting pictures on social media? what would happen? These are people are dangerous to other people and are breaking NYC law. I wish the TV networks would post "the idiots of the day pictures" every day..... May 07 20 07:31 am Link not a lawyer so this is just a guess, but we all have a right of privacy when in a private place. Not necessarily so when on a public street, so my guess would be that so long as their faces are covered and they are not recognizable, you are probably OK so long as you don't identify them, but if they can somehow be identified (through costume, your naming or otherwise identifying them in the picture or any article that accompanies the picture) then you might be on the hook for at least one very expensive legal action. My guess again, but I wouldn't think a minor misdemeanor such as this, resulting in little if any demonstrable injury to anyone would obviate their right to privacy and person. All IMHO as always, of course. May 07 20 08:29 am Link Are they? The experts are divided on the benefits of wearing masks and even then if you have separation of at least 6' whatever value they have diminishes. On my daily walks I never wear or bring a mask and rarely see anyone else wearing one and when I do I think what an idiot as you will never be within 6' of anyone and definitely for more than ten minutes( which is the forgotten part of the social distancing thing). When I go to the store I do wear one for two reason, neither is because some politician say so. First it the store being private property has the tight to require it for entry without any EO saying they eeed to. Second is it could have some minimal benefit . Also who appointed you your brother's keeper? Feed the fear? May 07 20 08:34 am Link I think a network having an "idiot of the day" would open them to litigation if there was ANY possibility of the person being identified .Legal would nix it. May 07 20 08:36 am Link I am not a lawyer and I am not in New York. You seem to be trying to publicly shame individual people. You might be asking for trouble with libel suits. Ask yourself, can you make your point without shaming the specific person? Are you illustrating a problem generally or do you need to call out and embarrass this specific individual? If he's a hypocritical politician who called hand washing a janitorial conspiracy, then by all means make him famous. For some random schlub, consider anonymizing it - blur out the eyes, for example. If it is for a commercial advertising, be very careful. Don't use the photo of the person with a finger up their nose as an implied endorsement for Groucho Marx Booger Shields(tm). Get a model release. May 07 20 08:37 am Link When people walk on a public sidewalk, they no longer have an expectation of privacy and therefore may be photographed without their permission. (That absolutely does not mean you can take “up skirt” photos as that would violate that person’s privacy and local laws.) Usage is the second issue. Obviously commercial usage would require a release. You also can’t use the photo to cast the person in a false light. But your usage appears non-commercial and you’ll be posting to IG. I don’t see a legal problem with what you intend to do as you’ve described. You are exercising the 1st Amend. That’s my 2 cents for what it’s worth. There’s lots of great articles for the lay person on this subject. I’m a retired attorney and I’ve practiced many different types of law over my career. May 07 20 08:42 am Link Rays Fine Art wrote: This is not a correct statement of law or analysis. Sorry. May 07 20 08:45 am Link IMAGINERIES wrote: There is nothing extraordinary about this at all. May 07 20 08:48 am Link Bob Helm Photography wrote: So far the scientist have admitted that this virus is totally new! it may not even have originated from the far east (China)..It would have been so convenient!... But they have figured out that it is far more contagious that previous viruses and the period of incubation could be 2 weeks before you have signs of being aware that you may have already contaminated douzaines of people, strangers or friends. May 07 20 09:05 am Link One last thought....Who claims that "ignorance is/was bliss"?... May 07 20 09:21 am Link IMAGINERIES wrote: Shouldn't you stay inside ? May 07 20 10:07 am Link deleted. not worth it. May 07 20 10:24 am Link Street photography is legal and protected by the constitution. I dont see your badge...Who made you the germ police ? What might happen is some stressed out person might take your camera and smash it into a zillion pieces Or worse. https://www.cnn.com/2020/05/04/us/michi … index.html https://www.wpxi.com/news/trending/coro … GOODQWPRQ/ Tense times lots of people are extremely frustrated DONT POKE THE BEAR !!! My reccommendation Be safe, Stay home and mind your own biz May 07 20 11:56 am Link PHP-Photography wrote: Tomorrow will be the 50th day of lockdown in New York City. I wear mask and gloves take all the protection I can think of May 07 20 11:59 am Link Brooklyn Bridge Images wrote: I see that you live in Brooklyn, and you don't have any problem seeing people who don't care or I should say you do not worry about getting some of their covid19....I assume you must be my age or older and have no children or grand children May 07 20 12:51 pm Link I think if you are that concerned you should stay home and just worry about yourself. If you've been out walking around the streets of NYC you shouldn't be visiting your grandchildren anyway, by your own rules. May 07 20 01:14 pm Link Ask first and get a model release signed . . . then take the photos, if you haven't been beaten up first May 07 20 02:35 pm Link MoRina wrote: I have no children and off course no grand children, but I have very close friends and their children and grand children that are like my family in the States...I have not been closed to them in almost 6 weeks May 07 20 02:40 pm Link IMAGINERIES wrote: yeah, nevermind May 07 20 03:45 pm Link I've seen people get attacked and beaten for less. So be careful. May 07 20 03:58 pm Link There's your local TV stations. Mine are always slowing photos submitted by viewers. Just forward photos with date, time, and location. If any station uses them they can always blur faces and clothing logos. May 07 20 05:24 pm Link IMAGINERIES wrote: A:No I dont worry about catching a non-airborne ailment when not getting closer than 10ft (Most times more) to people on the street. May 07 20 05:30 pm Link IMAGINERIES wrote: So far the scientists have only been right on two things, it is new and a virus. Every projection has been wrong, every method of dealing with it has been criticized and "Stay at home" was the standard till yesterday when NY Gov pointed out how most of the new hospitalizations were folks who followed "Stay at Home" May 08 20 08:23 am Link Why would you do that? Are you the self appointed health and safety police? All of this hysteria has turned everyone into an expert and destroyed liberty for everyone. Take care of yourself and your family and mind your own business. May 12 20 07:08 pm Link IMAGINERIES wrote: fwiw, Karen, you may have the right to do something, but that does not make it right to do it. May 12 20 08:53 pm Link News article made me think of this thread "Man Faces Up to 5 Years in Prison for Smashing News Photographer’s Camera" https://petapixel.com/2020/05/11/man-fa … rs-camera/ The Walking dead shirt might have been a red flag...lol May 13 20 03:43 pm Link I think if they were shot in public places (although now..it seems, even a store can be considered a public space?????) and you did not comment on them or use some hashtag in a commenting way #masklessidiots - you should be okay May 18 20 09:54 am Link always seek advice to legal questions in the MM forums Kids, it's the best! May 18 20 02:54 pm Link |