With the law outlined below for anyone that has questions.. you can look up your local statues concerning photography in a public place. You could also contact me directly for more information or concerns that you may have . My cell # 707-3734 Acting on my own behalf.( not in conjunction with any other person or organization) I promised countless families that I would get them their picture on Facebook...before anyone had an issue with it. I am a person on my word. Please enjoy your pictures and your special moments with Santa. Merry Christmas. I had a wonderful time volunteering with countless people all celebrating the season and I look forward to meeting you again! -Michelle Sturgeon United States[edit] Local, state, and national laws may exist pertaining to photographing or videotaping. Laws that are present may vary from one jurisdiction to the next, and may be stricter in some places and more lenient in others, so it is important to know the laws present in ones location. Typical laws in the United States are as follows: Public property[edit] It is legal to photograph or videotape anything and anyone on any public property.[39] Photographing or videotaping a tourist attraction, whether publicly or privately owned, is generally considered legal, unless explicitly prohibited by a specific law and/or statute. Private property[edit] Photography may be prohibited or restricted within an area of property by the property owner.[39] At the same time, a property owner generally cannot restrict the photographing of the property by individuals who are not located within the bounds of the property.[39] Photography on private property that is generally open to the public (e.g., a shopping mall) is usually permitted unless explicitly prohibited by posted signs. Even if no such signs are posted, the property owner or agent can ask a person to stop photographing, and if the person refuses to do so, the owner or agent can ask the person to leave the property. In some jurisdictions, a person who refuses to leave can be arrested for criminal trespass, and many jurisdictions recognize the common-law right to use reasonable force to remove a trespasser; a person who forcibly resists a lawful removal may be liable for battery, assault, or both.[40] Entry onto other private property usually requires permission from the property owner. Some jurisdictions have laws regarding filming while in a hospital or health care facility. Where permitted, such filming may be useful in gathering evidence in cases of abuse, neglect, or malpractice. Privacy issues[edit] Further information: Privacy laws of the United States Photographing private property from within the public domain is legal, with the exception of an area that is generally regarded as private, such as a bedroom, bathroom, or hotel room.[39] In some states, there is no definition of private, in which case, there is a general expectation of privacy.[citation needed] Should the subjects not attempt to conceal their private affairs, their actions immediately become public to a photographer using an average lens or video camera.[citation needed] Many places have laws prohibiting photographing private areas under a persons clothing without that persons permission. This also applies to any filming of another within a public restroom or locker room. Some jurisdictions have completely banned the use of a camera phone within a restroom or locker room in order to prevent this. The United States enacted the Video Voyeurism Prevention Act of 2004 to punish those who intentionally capture an individuals private areas without consent, when the person knew the subject had an expectation of privacy.[41] Additionally, state laws have been passed addressing the issue as well.[42] Commercial photography[edit] In certain locations, such as California State Parks, commercial photography requires a permit and sometimes proof of insurance.[43][44] In places such as the city of Hermosa Beach in California, commercial photography on both public property and private property is subject to permit regulations and possibly also insurance requirements.[45] At the Chesapeake and Ohio Canal National Historical Park, commercial photography requires a permit under certain circumstances.[46] For photography that involves the advertising of a commercial product or service, or photography that involves sets or props or models, a permit is required.[46] In addition, if the photography has aspects that may be disruptive to others, such as additional equipment or a significant number of personnel or the use of public areas for more than four hours, it is necessary to obtain a permit.[46] If a photographer or related personnel need to access an area during a time when the area is normally closed, or if access to a restricted area is involved, the photography requires a permit.[46] For commercial portrait photographers, there is a streamlined process for photography permits.[46] In the case of National Park system units, commercial filming and/or audio recording requires a permit and liability insurance.[47] Still photography that uses models or props for the purpose of commercial advertising requires a permit and proof of insurance.[47][48] If a photograph shows private property in such a manner that a viewer of the photograph can identify the owner of the property, the ASMP (American Society of Media Photographers, Inc.) recommends that a property release should be used if the photograph is to be used for advertising and/or commercial purposes.[49] According to the ASMP, a property release may be a requirement in such a situation.[49] Other issues[edit] Photographing accident scenes and law enforcement activities is usually legal.[39] At the same time, one must not hinder the operations of law enforcement, medical, emergency, or security personnel by filming. Any filming with the intent of doing unlawful harm against a subject may be a violation of the law in itself.
Posted on: Fri, 26 Dec 2014 00:17:58 +0000
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