Public Law in the United States
regarding photography and the publishing of photos is pretty standard.
As Webmaster of FUSTA WEST, I wanted to make sure I do not infringe
on any person's privacy or break any laws.
After hours of scouring the internet and legal sites I found one
site that sums it all up in a comprehensive way:
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Anyone
in a public place can take pictures of anything they want. Public places
include parks, sidewalks, malls, etc. Malls? Yeah. Even though its
technically private property, being open to the public makes it public
space. |
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If you
are on public property, you can take pictures of private property. If
a building, for example, is visible from the sidewalk, its fair
game. |
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If you
are on private property and are asked not to take pictures, you are obligated
to honor that request. This includes posted signs. |
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Sensitive
government buildings (military bases, nuclear facilities) can prohibit
photography if it is deemed a threat to national security. |
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People
can be photographed if they are in public (without their consent) unless
they have secluded themselves and can expect a reasonable degree of privacy.
Kids swimming in a fountain? Okay. Somebody entering their PIN at the
ATM? Not okay. |
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The following can
almost always be photographed from public places, despite popular opinion:
accident &
fire scenes, criminal activities
bridges & other infrastructure, transportation facilities
(i.e. airports)
industrial facilities, Superfund sites
public utilities, residential & commercial buildings
children, celebrities, law enforcement officers
UFOs, the Loch Ness Monster, Chuck Norris
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Although
security is often given as the reason somebody doesnt
want you to take photos, its rarely valid. Taking a photo of a publicly
visible subject does not constitute terrorism, nor does it infringe on
a companys trade secrets. |
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If you
are challenged, you do not have to explain why you are taking pictures,
nor to you have to disclose your identity (except in some cases when questioned
by a law enforcement officer.) |
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Private
parties have very limited rights to detain you against your will, and
can be subject to legal action if they harass you. |
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If someone
tries to confiscate your camera and/or film, you dont have to give
it to them. If they take it by force or threaten you, they can be liable
for things like theft and coercion. Even law enforcement officers need
a court order. |
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FUSTA
has it's own internet policy to not publish the names of minors
(12 and under) on photos it displays.
If you have any questions or specifically wish to have your minor
excluded from being published on this website please email me at
FUSTA.WEST@gmail.com
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