Legal Corner

Photographs Taking photographs of women in public swimming facilities.
Rocky Balboa 10368 reads
posted

At a public park with a small, pleasant lake fed by a mountain stream, my wife and I were on one side in the grass,we lay on our towels as normally done on beaches or lakes. My wife is young and beautiful with a great figure and wears tiny bikinis. Not hard to miss, across the lake is a young man with a camera or two with telescopic lenes aimed across the lake. Not being a rocket scientist, I took about two seconds to know he would probably find my wife in his viewfinder and take pictures like a paperazzi. Neither of us really care and she even decided to give him a good view a few times letting a breast fall out here and adjusting the bikini for a Sharon Stone style photo. We actually chatted with the photographer after swimming over to that side and just asked what he did. He said he like to take pictures of people and they were artistic for his own use. We did not confront him at all since we are adults and felt no harm was done, even with the accidental pictures taken without permission and with no release. My wife is not a celeb or in public trust positions like a teacher.  Now, I have a big question.

I was told that on public property people can take pictures of those using the public property, without getting their permission. I to know if this is true.
It seems to me this is OK. My wife was a little too generous maybe, but she made the decision not the photographer.  However, as is well know now some people like to take hidden photographs out on the street looking up the skirts of women. From what I read, this is illegal and can get them arrested.  My local Y has signs all over the locker room doors to warn people to NOT use cameras and phone cameras in the locker room. Also, there are signs warning that children over three (3) must only use gender specific locker rooms or go with family to the family dressing rooms.  That is understandable as this is preventing taken pictures of children's bodies without anyone's permission.  OK, now when the photographer goes outside to a pool, what happens? Suppose he starts taking pictures with his cell phone camera,of teen age girls who might be 18, but more than likely are HS kids looking like adults, as they often do. He is not asking permission, is doing it differently than the guy with a big old telephoto lens (if that matters) because his little cell phone is hard to spot out in the pool and he is just taking pictures of what everyone can see. Nubile, young girls in bikinis who presumably wear them for the attention given to their bodies in bikinis.   Is THIS legal?  Could a cop be called and arrest the man for taking pictures of the girls even if he has no idea they are under 18.  I have to admit that the age 18 thing is only seen on sites like this one restricting content from children

Well, this is a long one, but I hope it says eveything to make some sense of laws and rights hat seem to protect privacy and those that protect the freedom of individuals to do lawful things.  I hope we get and answer   Thank you.

if one can see it from a public place where one has a right to be, one can take a picture/movie of it.  But check the laws of the particular jurisdiction, which may proscribe some picture taking even under those circumstances.

I think some of the issues have to do with how the photographer plans to use the pictures.  If they are for commercial use, then it is different than for personal non-commercial use.  In the TV world, when they shoot video they need "releases" from each person who is recognizable on the tape.

For example if someone records video in a truely public place (that means a beach or the like, not a mall), and does not plan to use it commercially or make a profit from it, or exhibit it publically, then I think there is nothing illegal about that.

OTOH if it is for the purpose of selling the video or stills, then releases are needed.

But do not take what I say as gospel, only my opinion.

Interesting topic- we need someone well versed in the law to respond.

I have to agree with my limited knowledge.  The general rule is if the general public can see it then it can be photographed/videotaped. Many places have security camera's- so it's not age restricted for that reason alone.  I am not an attorney- but my work is somewhat related to this.  General areas you can't videotape are mostly already written into law such as bathrooms, tanning beds, saunas, any areas which the person has an reasonable expatiation of privacy (like a fenced in backyard) and of course any area that is posted no cameras.   Some states may vary- but as a general rule of what I have found.  But filming a young teen at a public pool for your personal use- sick- yes- but I am not aware of any legal issues.  Now- if someone catches them- I would guess the cop would cease the tape, probably arrest the guy on some local charge and maybe trespass the subject from that property.  Of course pedophiles that have convictions and caught doing something like this are most likely violating their probation by doing these type of acts.  I know if it was my teen daughter and I caught someone doing that- I would just beat their ass.

well first:
"Also, there are signs warning that children over three (3) must only use gender specific locker rooms or go with family to the family dressing rooms.  That is understandable as this is preventing taken pictures of children's bodies without anyone's permission."

uhh, if someone takes a picture of a 'childs body' in a locker room, with or without permission, illegal! just need to establish that.

having gotten that out in the open, i've encountered this situation before at my job (post production)there's 2 different legal issues here, 1. the taking of the photograph/video/film
2. how the media is used

taking pictures in any private area, locker rooms, bathrooms, etc without permission is illegal.

taking pictures in public: if you can see it with out violating someone's expectation of privacy, its legal. IOW, if the photog takes a pic of your wife in a bikini, legal. If she chooses to flash him a titty, legal. If he comes by while she's sleeping, pulls aside her bikini and snaps a pic, illegal not just for the pic, but for the action as well, because it violates her privacy.

usage... you cannot broadcast (that means web too) any image still or moving of someone taken in public unless:
1. you have their permission (get it in writing)
2. you're a member of the press
3. it is at a public event where there are CLEAR written notices of your intent to broadcast the event and all who are associated (commonly used for audiences at performances)

so yes, all those jackasses you see getting busted on cops who's faces arent blurred were actually dumb enough to sign a release form....

also, btw, it is often illegal to take pictures of business establishments, not for privacy issues, but because of corperate espionage laws. Also most public transit systems do not allow it for security reasons. (damn terrorists)

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