Legal Right to Photograph a Public Event

[Geoff]

I pass these links on FYI with no implicit endorsement.


http://www.kantor.com/legal-rights/


http://www.krages.com/phoright.htm





Geoff

[jusap]

I agree with Keith, not unless you signed anything stating that you can't take pictures during the game, then they can't stop you. Also taking to consideration the location. It's a public place. If you're in a covered area or within some school vicinity then they might have the upper hand on this. I'm not sure on these as these are just my opinion.

[Dallasphotog]

I agree with Keith, not unless you signed anything stating that you can't take pictures during the game, then they can't stop you. Also taking to consideration the location. It's a public place. If you're in a covered area or within some school vicinity then they might have the upper hand on this. I'm not sure on these as these are just my opinion.



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I never have problems at schools. I have an ASA background check card and a press pass from the local school district that seems to eliminate any issues with high school sports.

[Bob]

Now that everyone has given their 2cents, where is the legal opinion?

[Daniel Browning]

Now that everyone has given their 2cents, where is the legal opinion?

In the mind of a lawyer somewhere. Only problem is it costs more than two cents. []

[Keith B]

Now that everyone has given their 2cents, where is the legal opinion?

Mine was the Laymen verbiage for the legal. I work for some local magazines and we have been through this quite a bit. Anything that can be seen from a public are is open game. That is how the paparazzi make a living. In fact the paid photographer may be the one closest to violating some law since he is photographing minors and for profit. The only thing that is saving him is that he is selling the images to the childs parents otherwise he needs a release.


The only time you run into issues is if you shoot a picture of someone and put it in an ad to try to sell a product. If you use it for editorial purposes, the general public is at your mercy.

[Jeff Lucia]

I'm not a lawyer, but why not try putting the burden of proof on the official instead of trying to defend yourself? Simply ask, politely, "OK, would you mind telling me what law gives you the authority to tell me I can't shoot photos here?" Or simply, "Sorry, can you tell me exactly what law you believe I'm violating right now?" Especially if the official is threatening to call the police.


No matter what the response is, you can follow up by asking if the law differentiates between different types of photo equipment. The official won't be able to answer any of these questions, and you can shut the whole thing down by saying -- again, nicely -- "Actually, I do know the law, and I have every right to make photographs of my child and anyone else in public view. The law is very clear on that, so please let's not make this into a problem."


By the way,even if the official photographer has a contract granting exclusivity, if it's an open event on public property, how can two other parties agree to take away your rights without your consent?


If they threaten to call the cops, tell them to go ahead. The police aren't going to arrest you for taking pictures of your own kid just because you have a white lens. Just remember to be reasonable, and if the cops are misinformed enough to ask you to leave, respectfully ask them the same questions you asked the official.


If that doesn't work, say something about collateral estoppel. I heard it on Law &amp; Order.

[Cory]

Now that everyone has given their 2cents, where is the legal opinion?
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This link, given earlier in the thread, is to a document written BY a lawyer.


http://www.krages.com/phoright.htm

[Daniel Browning]

This link, given earlier in the thread, is to a document written BY a lawyer.


http://www.krages.com/phoright.htm

Bob's question ("where is the legal opinion?") is rhetorical. No lawyer is going to offer a legal opinion on a forum. Even if one wanted to, and he/she was willing to take the risk of creating an attorney client relationship (no matter how many disclaimers), I doubt he would even be able to without performing additional research, such as reviewing the signed contract.


As the linked document says, "This guide is not intended to be legal advice nor
does it create an attorney client relationship. Readers should seek the
advice of a competent attorney when they need legal advice regarding a
specific situation."

[Cory]

Bob's question ("where is the legal opinion?") is rhetorical. No lawyer is going to offer a legal opinion on a forum. Even if one wanted to, and he/she was willing to take the risk of creating an attorney client relationship (no matter how many disclaimers), I doubt he would even be able to without performing additional research, such as reviewing the signed contract.


As the linked document says, "This guide is not intended to be legal advice nor
does it create an attorney client relationship. Readers should seek the
advice of a competent attorney when they need legal advice regarding a
specific situation."
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I think he got he legal opinion he was looking for from the link, complete with the obligatory legal disclaimer any lawyer would make. That lawyer is, in effect, giving his view of the topic and simply saying "There are always exceptions and don't come crying to me if you get in trouble...".


No lawyer is going to offer an official legal opinion on anything - forum or in person - unless s/he knows all the details of the situation.