I consulted a well known photographer and he consulted an attorney. http://photofocus.podomatic.com/ http://photofocus.podomatic.com/player/web/2009-12-15T05_38_18-08_00
I have also reviewed all the case law and laws governing reporters for the state of Ohio, all of which match what this Scott Bourne's attorney said. On 12/22/2009 10:07 AM, Tim Mugherini wrote: > That is ridiculous - now, have you consultant an attorney? > > On Mon, Dec 21, 2009 at 5:58 PM, Robert Miller<[email protected]> wrote: > >> While I know this is going to boil down to it happened in a public place >> stop my whining... but this still upsets me and I have no legal recourse WTF >> >> <rant> >> >> A few weeks back my son, 12 years old, was at the local library after >> school working on the computer when a local newspaper reporter came in >> and took pictures of the people in the library using its services. The >> story was regarding the fact that my county is considering closing some >> of the libraries. Now after the interviews were completed and the >> pictures were taken, the reporter told my kid to tell his folks his >> picture would be in the paper that coming Sunday. So as any parent who >> gave a flying crap about their kid would pick the paper up to look at >> the article. As said to my son his picture was nice and big with his >> first and last name along with a little blurb about why he don't want >> the library closed. >> >> At first this really pissed me off since my son is under age and no one >> asked for my permission, let alone offer a business card or a means to >> contact anything about the article. After a few days of mumbling, and >> some deep investigation I found that I have ZERO legal recourse for this >> happening so I rolled with the punch and picked my self up telling my >> kid he displayed himself very well and expressed himself in his >> statement like a young man should. Then it hit me... >> >> I was on the local newspapers website and noticed my son's picture in an >> article, not written the same as the newspaper itself but still >> displaying my son's picture, well now I get concerned and begin to do >> some digging on the metadata (thanks larry) to find misc normal data but >> nothing too detailed. Then it smacked me in the face like a truck load >> of bricks! Those (stealing a statement from Jack's comments earlier >> just because I can :-) ) "... monkey sodomizing rat bastards..." have my >> son's picture posted on the website for sale. They are selling my son's >> picture for profit, WHAT IN<many fool words omitted for John's safety> >> gives these people the right to make a profit off my 12 year old son! >> >> Well I had sent an email to a well known photographer regarding this and >> he consulted his lawyer only to find these newspaper organizations can >> take the pictures of children and then sell them on their website as >> "fine art", while I love my kid to death he is far from "fine art". The >> response this person got from their attorney was that unless a local law >> prohibits the taking of children pictures in public places and selling >> them I have no leg to stand on, which I have faced the fact. It just >> burns my butt that a child who knows no better, well didn't at the time, >> was exploited to save a library and someone else NOT trying to raise the >> money for the library is making a profit off this, no matter how small >> that profit might be. The attorney said if you want privacy don't leave >> your home, WHAT THE HELL IS THAT CRAP, he is a child! Does this mean a >> child predator can sit 100 feet from a school and take pictures of >> children walking home from school, throw up a website, call themselves a >> freelance photographer, and sell these pictures as "fine art". >> >> We can borrow money from China and bail out businesses that made bad >> choices but we can protect children from the basic protection of >> exploitation for any reason, so long as that reason is a sad story of a >> library closing and the newspaper can sell a couple prints. >> >> </rant> >> >> Sorry all this one just really hits me hard that a newspaper / >> freelance photographer has all these freedoms to exploit citizens while >> we fight to protect so much... >> >> - Robert >> arch3angel >> _______________________________________________ >> Pauldotcom mailing list >> [email protected] >> http://mail.pauldotcom.com/cgi-bin/mailman/listinfo/pauldotcom >> Main Web Site: http://pauldotcom.com >> >> > _______________________________________________ > Pauldotcom mailing list > [email protected] > http://mail.pauldotcom.com/cgi-bin/mailman/listinfo/pauldotcom > Main Web Site: http://pauldotcom.com > > _______________________________________________ Pauldotcom mailing list [email protected] http://mail.pauldotcom.com/cgi-bin/mailman/listinfo/pauldotcom Main Web Site: http://pauldotcom.com
