Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Krisjanis Linkevics
I have been lurking on this list for a while so I might as well introduce 
myself :)

As many of us I used to enjoy photography in childhood, I had some pretty 
crappy off-brand Pentax screw mount cameras and lenses but I did enjoy it 
immensely. I took a 10 year break from photography in my teens but for the 
last 5 years I am back starting with many assorted C*non digicams and 
slowly migrating to 35mm Pentax stuff with occasional dips into MF and LF. 
I still own a decent 4x5 kit though I don't use it except when completely 
out of my mind and willing to lug along the monster monorail.

I am currently using *istD with two of the venerable limiteds and assorted 
other glass and am in the process of building myself a light yet sturdy 
6x12.

Now on to the topic - I have never taken great interest in street 
photography but on the occasional streaks I get I sometimes carry around 
my digital voice recorder (most of the time even without the batteries). 
If somebody comes up to harass me I take the voice recorder out, ask them 
if they object to me recording our conversation and explain that they are 
harassing me at the moment and that I would like to have a recording of 
their conduct to support my pictures (none of which are of them) in court 
if it ever comes to that. Usually they go away. If they don't I push the 
button on the recorder and say that if they object to me recording our 
conversation we have nothing to talk about and they should go about their 
business and leave me alone. I usually drop something along the lines that 
they are taking my time which I could use for taking pictures and that I 
could even sue them for lost profit and that if they are so ignorant as to 
come and accuse me of something they probably don't even know the extent 
to which this could be taken in court. I am making a living here yada yada 
yada... where should I send invoice for my services... bla bla bla...

I think there is absolutely no point in discussing any of the tough 
concepts like freedom or anything of the sort. That is usually a dead end. 
If they want this to be a paranoid society I just push the voice recorder 
in their face and make it a reality.

Krisjanis



Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Cotty
Hi Krisjanis, welcome to the list. You make a good point. I would take it
one step further and not even ask if they minded being recorded. I'd
simply take out the recorder - at a strategic point - and hold it (or the
mic) in an obvious manner. In fact, while filming and at the point of
being accosted, I always leave the camera running, even if someone says
'turn that off' or whatever. Stupidly they assume that once your eye
isn't at the viewfinder then it must be 'off'. If anyone ever says 'no
filming' and tries to put their hand over the lens, then I keep rolling -
always makes great pictures on TV :-)



On 16/8/05, Krisjanis Linkevics, discombobulated, unleashed:

I have been lurking on this list for a while so I might as well introduce 
myself :)

As many of us I used to enjoy photography in childhood, I had some pretty 
crappy off-brand Pentax screw mount cameras and lenses but I did enjoy it 
immensely. I took a 10 year break from photography in my teens but for the 
last 5 years I am back starting with many assorted C*non digicams and 
slowly migrating to 35mm Pentax stuff with occasional dips into MF and LF. 
I still own a decent 4x5 kit though I don't use it except when completely 
out of my mind and willing to lug along the monster monorail.

I am currently using *istD with two of the venerable limiteds and assorted 
other glass and am in the process of building myself a light yet sturdy 
6x12.

Now on to the topic - I have never taken great interest in street 
photography but on the occasional streaks I get I sometimes carry around 
my digital voice recorder (most of the time even without the batteries). 
If somebody comes up to harass me I take the voice recorder out, ask them 
if they object to me recording our conversation and explain that they are 
harassing me at the moment and that I would like to have a recording of 
their conduct to support my pictures (none of which are of them) in court 
if it ever comes to that. Usually they go away. If they don't I push the 
button on the recorder and say that if they object to me recording our 
conversation we have nothing to talk about and they should go about their 
business and leave me alone. I usually drop something along the lines that 
they are taking my time which I could use for taking pictures and that I 
could even sue them for lost profit and that if they are so ignorant as to 
come and accuse me of something they probably don't even know the extent 
to which this could be taken in court. I am making a living here yada yada 
yada... where should I send invoice for my services... bla bla bla...

I think there is absolutely no point in discussing any of the tough 
concepts like freedom or anything of the sort. That is usually a dead end. 
If they want this to be a paranoid society I just push the voice recorder 
in their face and make it a reality.

Krisjanis




Cheers,
  Cotty


___/\__
||   (O)   | People, Places, Pastiche
||=|http://www.cottysnaps.com
_




Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Kevin Waterson
This one time, at band camp, Krisjanis Linkevics [EMAIL PROTECTED] wrote:

 If they want this to be a paranoid society

Dont knock it, it worked fine for Hitler.

kevin
-- 
Democracy is two wolves and a lamb voting on what to have for lunch. 
Liberty is a well-armed lamb contesting the vote.



Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread William Robb


- Original Message - 
From: Krisjanis Linkevics

Subject: Re: The Photographer's Rights (another take and an introduction)




If somebody comes up to harass me I take the voice recorder out, ask them
if they object to me recording our conversation and explain that they are
harassing me at the moment and that I would like to have a recording of
their conduct to support my pictures (none of which are of them) in court
if it ever comes to that.



Excellent idea.
I think I would take it a step further and not ask their permission for 
recording though.

Why set a precedent when none is needed?

William Robb 





Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Glen

At 09:44 AM 8/16/2005, William Robb wrote:


Excellent idea.
I think I would take it a step further and not ask their permission for 
recording though.

Why set a precedent when none is needed?

William Robb


Depending on what part of the world you live in, there may be no legal 
requirement to ask permission for recording the conversation. I've been 
told that in West Virginia, as long as you are participating in the 
conversation, you have the right to record it. You don't have to get 
permission, and I don't think you even have to tell the other party they 
are being recorded. However, you wouldn't have the right to record any 
conversations you were not involved in, without the permission of all 
parties involved.


This isn't mean to be proper legal advice, as I'm sure there might be more 
details involved. I'm just encouraging people to check out the local laws 
in their area. There is a definitely a chance that no permission is 
required under appropriate circumstances.


In case you are wondering, a district attorney told my girlfriend about 
this a few years ago. She was being harassed by someone back then. They 
told her to record it, and explained that she didn't need to either get 
permission or notify the person about the recording. They also mentioned 
that this was a West Virginia law, and that some other states didn't permit 
such recordings. Personally, I like the West Virginia position on this issue.



take care,
Glen



Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Bob Blakely
Yes. In most states, only one party to the conversation has to consent and 
that can be you if you're a party to the conversation. California requires 
all parties to consent. There is no criminal penalty, but you can be sued.


Regards,
Bob...
-
The art of taxation consists in so plucking the goose
as to obtain the largest possible amount of feathers
with the smallest possible amount of hissing.
- Jean-Baptiste Colbert,
  minister of finance to French King Louis XIV

From: Glen [EMAIL PROTECTED]



At 09:44 AM 8/16/2005, William Robb wrote:


Excellent idea.
I think I would take it a step further and not ask their permission for 
recording though.

Why set a precedent when none is needed?

William Robb


Depending on what part of the world you live in, there may be no legal 
requirement to ask permission for recording the conversation. I've been 
told that in West Virginia, as long as you are participating in the 
conversation, you have the right to record it. You don't have to get 
permission, and I don't think you even have to tell the other party they 
are being recorded. However, you wouldn't have the right to record any 
conversations you were not involved in, without the permission of all 
parties involved.


This isn't mean to be proper legal advice, as I'm sure there might be more 
details involved. I'm just encouraging people to check out the local laws 
in their area. There is a definitely a chance that no permission is 
required under appropriate circumstances.


In case you are wondering, a district attorney told my girlfriend about 
this a few years ago. She was being harassed by someone back then. They 
told her to record it, and explained that she didn't need to either get 
permission or notify the person about the recording. They also mentioned 
that this was a West Virginia law, and that some other states didn't 
permit such recordings. Personally, I like the West Virginia position on 
this issue.



take care,
Glen








Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Mark Roberts
Bob Blakely [EMAIL PROTECTED] wrote:

Yes. In most states, only one party to the conversation has to consent and 
that can be you if you're a party to the conversation. California requires 
all parties to consent. There is no criminal penalty, but you can be sued.

In many places, law enforcement officials use the one party consent
concept to record transactions between criminals and undercover agents
wearing a wire. (Don't know if the term wearing a wire is for real
or just a figment of TV writers' imaginations, but it seems to have
passed into common usage.)


 
-- 
Mark Roberts
Photography and writing
www.robertstech.com



Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread keithw

Mark Roberts wrote:

Bob Blakely [EMAIL PROTECTED] wrote:


Yes. In most states, only one party to the conversation has to consent and 
that can be you if you're a party to the conversation. California requires 
all parties to consent. There is no criminal penalty, but you can be sued.




In many places, law enforcement officials use the one party consent
concept to record transactions between criminals and undercover agents
wearing a wire. (Don't know if the term wearing a wire is for real
or just a figment of TV writers' imaginations, but it seems to have
passed into common usage.)


I think that came from the VERY early days, when the recording media WAS 
actually a small spool of wire!


Tape, and subsequent miniaturization came later...

keith whaley



Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Mark Roberts
keithw [EMAIL PROTECTED] wrote:

Mark Roberts wrote:
 Bob Blakely [EMAIL PROTECTED] wrote:
 
Yes. In most states, only one party to the conversation has to consent and 
that can be you if you're a party to the conversation. California requires 
all parties to consent. There is no criminal penalty, but you can be sued.

 In many places, law enforcement officials use the one party consent
 concept to record transactions between criminals and undercover agents
 wearing a wire. (Don't know if the term wearing a wire is for real
 or just a figment of TV writers' imaginations, but it seems to have
 passed into common usage.)

I think that came from the VERY early days, when the recording media WAS 
actually a small spool of wire!

Tape, and subsequent miniaturization came later...

Well I think now they just wear a radio transmitter, so the
miniaturization of the tape recorder is a moot point ;-)
 
-- 
Mark Roberts
Photography and writing
www.robertstech.com



RE: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Jens Bladt
Welcome Krisjanis
Paranoid society or not, I do believe it's good to know your own rights as
well as respecting and not violating the rights of other people.

As photographers we are often confronted with other people questioning our
rights to take pictueres. Sometimes they even manage to scare a
photographer, who doesn't know his own rights, away.
(Even the Police may make mistakes and illegally seize your film or camera,
in which case you must remember to instist, that these subjects are sealed
until a judge has examined if the Police have acted correctly).

In order to deal with the approching individual, who are questioning your
rights in a civilized, assertive manner, (without using bad language or
making new enemies) it is crutial to know you own rights as well as being
able to express your intensions of respecting the rights of the approaching
person.

That was my two cents - and one of the reasons for my interest in the
matter.
Annother reason is of course my own interest in (legally) making a profit.

Jens Bladt
Arkitekt MAA
http://hjem.get2net.dk/bladt


-Oprindelig meddelelse-
Fra: Cotty [mailto:[EMAIL PROTECTED]
Sendt: 16. august 2005 11:24
Til: pentax list
Emne: Re: The Photographer's Rights (another take and an introduction)


Hi Krisjanis, welcome to the list. You make a good point. I would take it
one step further and not even ask if they minded being recorded. I'd
simply take out the recorder - at a strategic point - and hold it (or the
mic) in an obvious manner. In fact, while filming and at the point of
being accosted, I always leave the camera running, even if someone says
'turn that off' or whatever. Stupidly they assume that once your eye
isn't at the viewfinder then it must be 'off'. If anyone ever says 'no
filming' and tries to put their hand over the lens, then I keep rolling -
always makes great pictures on TV :-)



On 16/8/05, Krisjanis Linkevics, discombobulated, unleashed:

I have been lurking on this list for a while so I might as well introduce
myself :)

As many of us I used to enjoy photography in childhood, I had some pretty
crappy off-brand Pentax screw mount cameras and lenses but I did enjoy it
immensely. I took a 10 year break from photography in my teens but for the
last 5 years I am back starting with many assorted C*non digicams and
slowly migrating to 35mm Pentax stuff with occasional dips into MF and LF.
I still own a decent 4x5 kit though I don't use it except when completely
out of my mind and willing to lug along the monster monorail.

I am currently using *istD with two of the venerable limiteds and assorted
other glass and am in the process of building myself a light yet sturdy
6x12.

Now on to the topic - I have never taken great interest in street
photography but on the occasional streaks I get I sometimes carry around
my digital voice recorder (most of the time even without the batteries).
If somebody comes up to harass me I take the voice recorder out, ask them
if they object to me recording our conversation and explain that they are
harassing me at the moment and that I would like to have a recording of
their conduct to support my pictures (none of which are of them) in court
if it ever comes to that. Usually they go away. If they don't I push the
button on the recorder and say that if they object to me recording our
conversation we have nothing to talk about and they should go about their
business and leave me alone. I usually drop something along the lines that
they are taking my time which I could use for taking pictures and that I
could even sue them for lost profit and that if they are so ignorant as to
come and accuse me of something they probably don't even know the extent
to which this could be taken in court. I am making a living here yada yada
yada... where should I send invoice for my services... bla bla bla...

I think there is absolutely no point in discussing any of the tough
concepts like freedom or anything of the sort. That is usually a dead end.
If they want this to be a paranoid society I just push the voice recorder
in their face and make it a reality.

Krisjanis




Cheers,
  Cotty


___/\__
||   (O)   | People, Places, Pastiche
||=|http://www.cottysnaps.com
_





Re: The Photographer's Rights (another take and an introduction)

2005-08-16 Thread Cotty
On 16/8/05, Mark Roberts, discombobulated, unleashed:

Don't know if the term wearing a wire is for real
or just a figment of TV writers' imaginations, but it seems to have
passed into common usage.)

It's actually wireless. A simple personal mic with a wire to a
transmitter that is attached to a belt or in pocket. The receiver can
plug into a tape recorder or a camera or whatever.




Cheers,
  Cotty


___/\__
||   (O)   | People, Places, Pastiche
||=|http://www.cottysnaps.com
_