Is taking his picture legal?

Tags: Legal, Photography, Privacy, Divorce, Photography From Public Places
Email this Topic • Print this Page

Read Question
Reply to All

Ticomaya wrote:

OCCOM BILL wrote:
Do you know something to the contrary? A quick google search confirmed my memory:

I was specifically referring to the "One Party Consent" laws.

I would think the recording of audio on a video camera would be analyzed under the same law as pertain to wiretapping and eavesdropping. Thus, in Kansas and Arizona, it would be permissible so long as one party was aware of the recording. Of course don't record where a party has a reasonable expectation of privacy.

Huh? How would that be a meaningful distinction, if the party doing the recording wasn't planning on being among those recorded... which the covert nature of the question would imply? I don't see how a "One Party Consent" law would apply, since the questioner doesn't seem to be planning on being among those recorded. I doubt any of the "One Party Consent" laws are written to mean that only the party doing the recording need consent to his own deed... that would render the law utterly useless, wouldn't it?

1 Reply

@OCCOM BILL,

We've moved past the initial question on this thread, O'Bill. The poster was only talking about taking pictures. I've no idea if they intend video, but if so, it doesn't sound like it would be catching any audio if it were "covert".

That being said, I've no idea what you mean by it not being a meaningful distinction. The legality of recording of audio falls under the wiretapping and eavesdropping laws of the state where it's being recorded, as I said. I don't see why it would be different if the audio is being picked up by a video recorder. But if you believe I'm incorrect, I'm willing to be convinced otherwise.

1 Reply

@Ticomaya,

Ticomaya wrote:

We've moved past the initial question on this thread, O'Bill.

No, we haven't . You responded to my response to the opening question... so that remains the context.

Ticomaya wrote:

The poster was only talking about taking pictures. I've no idea if they intend video, but if so, it doesn't sound like it would be catching any audio if it were "covert".

Questioner inquired whether (presumably) covert pictures would be legal. I answered yes, volunteered that a movie would also be, but audio would not. From what you've posted so far, I'll continue to assume I was correct.

Ticomaya wrote:

That being said, I've no idea what you mean by it not being a meaningful distinction. The legality of recording of audio falls under the wiretapping and eavesdropping laws of the state where it's being recorded, as I said. I don't see why it would be different if the audio is being picked up by a video recorder. But if you believe I'm incorrect, I'm willing to be convinced otherwise.

That wasn't the distinction I found meaningless. Meaningless is the difference between 1 and 2 party consent laws when the person doing the recording isn't one of the persons being recorded, as explained.

0 Replies

@joefromchicago,

wrong..the law in USA prohibits the taking of a recognizable photo of someone without a model release.

1 Reply

@Ragman,

Ragman wrote:

wrong..the law in USA prohibits the taking of a recognizable photo of someone without a model release.

Which law might that be?

1 Reply

@joefromchicago,

That would also be news to all the popperatzi.

0 Replies

@aquestion,

In my opinion is is legal to take pictures in any public place in which photo taking is not expressly prohibited.

There was a time when you could not use the recognizable photo of a person taken in a private setting for commercial purposes--i.e. in a magazine or tabloid--without getting a signed release, but there is no guarantee of privacy in anybody's putlic activities.

I am not a lawyer, however, and some of our legal eagles might have a better grasp on current law.

0 Replies

I have a semi-related question: Is it legal to take a picture from your apartment of someone in their apartment if they are hot, naked, and changing in front of their window, and your window happens to look right into their window from across the way?

Is taking his picture legal?

Related Topics