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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 10 Dec 2008 (Wednesday) 14:17
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Accused of being a paedophile!!!

 
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CAL ­ Imagery
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Dec 14, 2008 11:27 |  #376

S.Horton wrote in post #6872749 (external link)
It seems easy on this thread to confuse cowardice and adulthood.

It is very important how you choose a reaction.

BTW, everyone's a lion on a keyboard.

I'm a beast in real life.

My personality is as strong in person as on the internets.


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weka2000
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Dec 14, 2008 12:18 as a reply to  @ CAL Imagery's post |  #377

Funny thing happend while I was out yesterday shooting motor sport. Walking in the pit area a mother had a baby on this big CC bike. This thread raced through my head. So I simply asked the mother if it was ok if I took a photo. She was happy about it.

So to the OP ...... no matter what at least for me you have made me aware of potential issues. There were many teenage girls out there as well, how easy would it have been for a father to think I was photographing his little girl if she was around a bike I was shooting ............... these guys are a lot bigger than me.


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acousticvibrations
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Dec 14, 2008 13:03 |  #378

Pete wrote in post #6852359 (external link)
David. I appreciate your concern here, but the basic facts are that the child's mother strongly objected to the fact that the OP photographed her children. Therefore, it follows that she hasn't given permission for the photograph to be displayed here publicly.

Those are the facts.

i gather you make take as many photos as you want in public places, just cant display them publicly without consent.


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Mark_Cohran
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Dec 14, 2008 13:14 |  #379

acousticvibrations wrote in post #6876901 (external link)
i gather you make take as many photos as you want in public places, just cant display them publicly without consent.

It's a bit more complicated than that, and without rehashing the entire thread, it boils down to the use of the image i.e. editorial or commercial. Typically, if an image was taken in a public place, contained recognizable people, it would need permission and a model release for for commercial use, it would require neither for editorial use. This is strictly from a legal perspective. From a moral perspective, I guess it would depend on what you saw as the greater good.


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acousticvibrations
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Dec 14, 2008 13:19 |  #380

Mark_Cohran wrote in post #6876969 (external link)
It's a bit more complicated than that, and without rehashing the entire thread, it boils down to the use of the image i.e. editorial or commercial. Typically, if an image was taken in a public place, contained recognizable people, it would need permission and a model release for for commercial use, it would require neither for editorial use. This is strictly from a legal perspective. From a moral perspective, I guess it would depend on what you saw as the greater good.


great boiling:lol:.


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Scuff
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Dec 14, 2008 13:39 |  #381

Mark_Cohran wrote in post #6876969 (external link)
It's a bit more complicated than that, and without rehashing the entire thread, it boils down to the use of the image i.e. editorial or commercial. Typically, if an image was taken in a public place, contained recognizable people, it would need permission and a model release for for commercial use, it would require neither for editorial use. This is strictly from a legal perspective. From a moral perspective, I guess it would depend on what you saw as the greater good.

Just clarifying - UK Law. You do not need permission or model release to publish or print any image taken of a person or property that is in a public place whether deemed to be editorial or not.

Although commissioners or buyers may request that you obtain permission or model release - There is nothing in UK law that states that you need it. (there are of course exceptions - but they do not include the subject of this thread).


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soccersnaps
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Dec 14, 2008 15:30 |  #382

model release may not be reqd but it is well advised as it protects the tog


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acousticvibrations
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Dec 14, 2008 16:22 as a reply to  @ soccersnaps's post |  #383

i think back and their has been a few scenic shots i have taken, were someone might be in the frame.

i better make sure their not facing me, lol

thanks for the clarification:cool:.


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Jeff
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Dec 14, 2008 17:53 |  #384

Just out of curiosity, how many here would nicely ask a person to not to photograph or delete photos of your own kid in a park.

You don't have your camera or anything, and the guy just took one or two shots of your kid doing something funny.


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Deckham
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Dec 14, 2008 18:11 |  #385

jseivert wrote in post #6878364 (external link)
Just out of curiosity, how many here would nicely ask a person to not to photograph or delete photos of your own kid in a park.

You don't have your camera or anything, and the guy just took one or two shots of your kid doing something funny.

I would not - but then again - I'm a photographer.
If I weren't, then I would possibly go up and ask to see the photos.


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tiziano
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Dec 14, 2008 18:20 |  #386

jseivert wrote in post #6878364 (external link)
Just out of curiosity, how many here would nicely ask a person to not to photograph or delete photos of your own kid in a park.

You don't have your camera or anything, and the guy just took one or two shots of your kid doing something funny.

There is no standard answer to this for me. It depends from the situation. If it is someone with his own children, and the shot he is taking is actually nice, no issue. If it is someone suspicious, I would start looking closely at him. If he keeps shooting, I would ask him what is he doing and way. I would not ask to delete the shots, but I could ask to see them, just to get an idea on what is going on.
I am not sensitive about my children' shots being on the web. I publish plenty of them myself. But I would be sensitive about a suspicious person around the children in a park.


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jbimages
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Dec 14, 2008 20:01 |  #387

lanno wrote in post #6853718 (external link)
great thread

are there any Aussies here who could shine some light on how the OP would sit with Australian law in this regard?

ta

Just in case this hasn't been answered (I'm still reading the thread)
This gives an overview. http://www.4020.net/wo​rds/photorights.php (external link)


For those who don't want to follow the link.
Photographs of children — special case?

Generally speaking, no.
Many people assume parental consent must always be obtained when photographing children. But aside from specific provisions in the Children and Young Persons (Care and Protection) Act 1998 (external link) (especially child protection orders arising from abuse, AVO's or custody proceedings), children are not afforded unique legislative protection when it comes to photographs, consent, privacy or defamation. As with adults you need a signed release for commercial use (external link), but for non-commercial images — nothing.
Perhaps the misconception arises from the child identity protection requirements of s.11 of the NSW Children (Criminal Proceedings) Act 1987 (external link) (which only apply to children charged with criminal offences). Maybe it's because of the under-18 consent provisions found in most Model Releases (a requirement for commercial usage only). Maybe it's just a deep cultural loathing of child pornography?
Whatever the case, photographers are — within the limitations outlined in this article, in particular commercial use (external link) and Summary Offences (external link) issues — perfectly at liberty photograph children as freely as any other subject.


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Accused of being a paedophile!!!
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