Re: Taking Pictures and Video of People in Public

On Wed, 16 Sep 2009 10:15:15 -0500, Deadrat wrote:

John Goche <johngoche99@xxxxxxxxxxxxxx> wrote in news:c554afe7-2090-4ce5-
a5df-e5e9f16ce5b9@xxxxxxxxxxxxxxxxxxxxxxxxxxxx:


Hello,

I would like to ask the following question:

Is it legal to take a picture or record a video of a person or group
of people on the street for instance with the intention of using it
as a personal documentary to share with friends or something
like that?

Yes. Even if you actually use it in a public documentary and share it
with strangers. People on the street have no expectation of privacy.

Also, if one or more people object to being on such a photograph
or video what are their legal rights in asking that the picture or
portion of video containing them be deleted or that their face
be blurred on the video or picture so that it cannot be
recognized?

They have few. If any of those people are celebrities, they could sue
you for misappropriating their images. If your documentary claimed that
the people were doing something wrong, and you manipulated the images to
make it look like they were doing something wrong, they could sue you for
libel.

There was a notable case in which _Time Magazine_ had a cover picture of
a black man walking on the street. This was tied to an article about the
evolving political views of black voters. The man, who didn't like his
image associated with the conclusions of the article, sued. And lost.


He should have won. Had he been in a crowd of people, then he'd have no
case at all. Being singled out, even though he wasn't named, might not
necessarily be included in "public domain" arguments. If he had been
interviewed, then the magazine would have more legal rights to the photo.



But bear in mind, that anyone can initiate a law suit for any reason.
Nuisance suits will cost you money, even if you manage to get summary
judgments in your favor. If the people are merely incidental, part of
the street scenery, you might want to consider getting permission from
them.

Thanks,

John Goche

*** I am not a lawyer, so this can't be legal advice. ***
.

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