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Re: recording and privacy

Subject: Re: recording and privacy
From: Dave Morrison <>
Date: Fri, 9 Apr 2004 17:45:05 -0400
Marty wrote:

But I do record with the same basic legal assumption,  that "if you can
legally BE there, you can legally RECORD there."  Now if you think a 12
inch lens draws attention, try an eighty pound 48" parabola and 
view-camera
tripod at 6:30 AM on the edge of a parking lot!

Marty,
I might have to challenge (or at least qualify) your premise on this 
one. As a professional photographer, I can use the same argument but 
still be on legally shaky ground. As in your example, I could be well 
within my rights to stand on "public" property (street, sidewalk, etc.) 
and take pictures without fear of legal consequence.....depending on 
the subject matter. Just as you "reached" out with the parabola to 
capture sound, I could reach out with my telephoto and capture images 
that would get me in a lot of trouble. While it would be legal to be 
there, it would be illegal to shoot from that public spot through 
somebody's window and into their living room. And, to further muddy the 
water, if I took off that telephoto and put on my wide angle, I could 
shoot a photo of their house and probably not be in trouble (as long as 
they weren't standing naked in the front window!!), but I couldn't use 
that image of the entire house to sell a product such as house paint or 
shingles without a signed "property release" from the owner.

dave
www.morrisonphotographics.com



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