Can I refuse to shoot a couple, cermonoy or person for any reason legally?

Can I refuse to shoot a couple, ceremony or person for any reason legally?

with a model release, yes!!

edit- read "re-use, not refuse...doh

You have to include some more details. While you are a private business, be careful with anything that could appear as discrimination.

pcunite wrote in post #5632764
Can I refuse to shoot a couple, ceremony or person for any reason legally?

I'm not exactly sure which, but the answer's either "Yes," or "You'd have to come up with some sort of reason, which wouldn't be difficult..."

To make my point more clear.

I run a software business and I don't care who or what my customers do (as long as it is legal) I will sell to anyone.

My wife and I want a photography business and we view it as art. We don't want to be forced to create certain types of art, namely: Pornography, violence, hate, or unions between a man and two women, unions between a woman and her dog...

You get the idea...

Depends on what's in your contract. Some photographers will leave if the guests' flashes interfere with their ability to photograph the event (I will, but I've yet to do this, usually a smile and a simple request to refrain from shooting while I'm working resolves this), some will leave if they're not paid in full before the event - could be a myriad of things. Again, really depends on what's in your contract with the person.

You DO have a contract, yes?

If you don't shoot it and the "union" or activity is legal where you are, you may encounter bad press. Make sure you can wear THAT hat.

As a private individual, you can choose to associate with whomever you may choose under the freedom of speech protections in the Bill of Rights. If you don't want to associate with someone, you don't have to.

However, your rights as a business owner are narrowed and more constrained. Depending upon where you live, your business cannot discriminate against people based upon certain proscribed circumstances. These include race, gender, and age.

For example, it's illegal anywhere in the country to refuse to do business with someone because of their skin color due to the federal Civil Rights Act. Some states have made it illegal to discriminate based upon sexual preference, however that's not a federal law. You can turn away a gay couple in some states, but may find yourself in hot water in others.

You can however discriminate against smokers since they don't constitute a protected class. If you don't want to photograph a wedding where there's people lighting up, you don't have to.

The key here is that when you start to accept money for photography services, you have formed a business. It's no longer just your own feelings and beliefs that matter, but what the law allows as it pertains to businesses.

John

Of course you can refuse to work with someone. You are not forced to serve anybody who shows up. Thats why some businesses have signs that say 'We reserve the right to refuse to serve anybody'

Just send the porn stars to me. Problem solved!

cdifoto wrote in post #5633019
Just send the porn stars to me.

cdifoto,
I know that you perform that service. You would not want me to be forced to photograph a style I don't want to right? Would it make sense for me to force you to photograph two cows going at it full speed!

pcunite wrote in post #5633041
cdifoto,
I know that you perform that service. You would not want me to be forced to photograph a style I don't want to right? Would it make sense for me to force you to photograph two cows going at it full speed!

Well I'm a little nuts so if someone forced me to shoot that, I'd have a nice handy excuse instead of having to admit to being a sicko but would probably enjoy shooting it.

"Why do you have pictures of cows boinking?"
"I was forced into it. The legalities of owning a business & whatnot."
"Oh ok well then that's understandable."




Seriously though I don't have anything against shooting anything at all. Somehow as a photographer I am able to disconnect from what it is I'm actually looking at through the lens. Real medical shows I can't stand...and I don't like looking at body parts and such on TV, in movies, and even in photos...but I can photograph it because my mind is on composition and exposure, not subject matter, let alone how it affects my sensibilities or moralities.

I'm also into broadening my horizon photographically. I don't really promote myself as anything but a wedding photographer. I don't really shoot porn, but I would if asked or if I kinda fell into it. I'd also shoot anything else, literally, if it came my way. I'd go to Iraq and photograph the war if a publication wanted to, and paid me adequately. I sure wouldn't do it for the pay the local papers offer though! So really, I can't be forced to shoot anything because I'd do it willingly.

Either that or my moral compass is broken.

cdifoto wrote in post #5633052
Seriously though I don't have anything against shooting anything at all.

And you have every right to do that. I just don't want to be made to do something artistic that I don't like. It is not like I am selling coffee to a stranger. I am working with my clients. And because of that I want to refuse... for any reason.

As long as you are charging money for your services, you do not have that right.

John

Forgive me for being bold, but there seems to be something else underlying here. All the photographers I know who own their own businesses set their own appointments. During the initial appointment setup, the client is asked what type of shoot they would like (sweet 16, graduation, baby photos, etc.). If that person arrives and wants something different, you have every right to tell them "I don't photograph nudes etc". I am sure that if someone asks you to photgraph them having a threesome you can kindly tell them you don't do that type of photography.