The Photographers Bill of Rights

It's quite the same over here. But the law is one thing, the reality can be different. Especially security personal can be a PITA.
 
Private security is the worst. The law can help you later, but notsomuch while goons harass you.

I've offered to call the police when private security bothers me on public property, it usually silences them...
 
You need to be careful of video though. Some states have "wire tap" laws in place. You may still video "tape", but, you cannot use the audio. There was a case recently of a motorcyclist, racing down the freeway with his Go Pro camera on. He was stopped by an off-duty police officer. The officer asked him if he was recording, and he said "yes". The officer asked him to stop recording, which the motorcyclist refused to do. He was prosecuted under the Maryland? Wire Tapping law, for un-authorized recording, and public broadcast(You Tube), of audio.

So, before you go sticking a video camera into a cops face, then posting it on You Tube, be sure you won't be violating any Wire Tapping laws in your state. I don't remember the States where it's illegal(Maryland and D.C.-and a couple of others?).

The other issue is usually private security. They're usually bigger than you, or there are more of them. Don't start a battle, if you can't win the war. You may win, but at the expense of your equipment getting smashed up. Then you have to sue, obtain a judgement, get the money, and buy new equipment.
Chose your battles, especially when it comes to Law Enforcement, and also around accident sites. Even though you may be within your rights-is it worth getting your stuff broken, and/or beat up???
 
havasuphoto said:
You need to be careful of video though. Some states have "wire tap" laws in place. You may still video "tape", but, you cannot use the audio. There was a case recently of a motorcyclist, racing down the freeway with his Go Pro camera on. He was stopped by an off-duty police officer. The officer asked him if he was recording, and he said "yes". The officer asked him to stop recording, which the motorcyclist refused to do. He was prosecuted under the Maryland? Wire Tapping law, for un-authorized recording, and public broadcast(You Tube), of audio.
Click to expand...


Tossed.

http://www.techdirt.com/articles/20100927/16352111185/judge-tosses-out-wiretapping-charges-against-motorcyclist-who-filmed-cop-with-helmet-cam.shtml
 
Pookie said:
Tossed.

http://www.techdirt.com/articles/20...rcyclist-who-filmed-cop-with-helmet-cam.shtml
Click to expand...

Pookie- upholding The US Constitution on DVXuser since 2005.

The biggest factor in recording (as in the Maryland case) is audio, not video.
The law is usually based on wiretapping laws.

There are one-party and two-party consent states (whether one or both parties need to consent to being recorded).

But with a camera in plain view (even a GoPro, I guess, if it's obvious), there is usually implied consent.

More on recording audio:
http://www.citmedialaw.org/legal-guide/recording-phone-calls-and-conversations

And the two-party states:
Twelve states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people.
Click to expand...
 
William_Robinette said:
Always good to post. Goes a bit in hand with this story that broke this morning:

http://www.cnn.com/2011/CRIME/06/07/florida.shooting.witness/index.html?hpt=us_c2
Click to expand...
Thanks for posting that, William.

It actually happened Memorial Day weekend. After a Miami Beach Police involved shooting, anybody filming the incident or aftermath had their phone smashed by police.

This guy (an innocent witness) had his smashed phone returned to him, put the card in his mouth, and kept it there for hours while detained at the police station.
I've been wondering who would buy the video, looks like it was CNN.

Probably deserves a thread of its own...
 
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