Luminous Landscape Forum

The Art of Photography => The Coffee Corner => Topic started by: Monito on November 09, 2007, 08:22:53 pm

Title: Photog paid $8000 for wrong arrest, cops disciplin
Post by: Monito on November 09, 2007, 08:22:53 pm: A photographer was wrongfully arrested after photographing another arrest. ACLU represented him and obtained a $8,000 settlement. Two officers were disciplined.

http://seattlepi.nwsource.com/local/338880_aclu09.html (http://seattlepi.nwsource.com/local/338880_aclu09.html)

Know your photographer rights (updated Nov. 2006): http://www.krages.com/ThePhotographersRight.pdf (http://www.krages.com/ThePhotographersRight.pdf)
Title: Photog paid $8000 for wrong arrest, cops disciplin
Post by: Eric Myrvaagnes on November 10, 2007, 12:07:27 am: Nice to know that the good guys can win once in a while.
Title: Photog paid $8000 for wrong arrest, cops disciplin
Post by: MikeMike on November 10, 2007, 11:33:15 am: I was in a shoe store with a friend of mine and snapped a photo of her while I was there. The employee told me to give him the film or he'll call the cops, so I picked up and left before I even bothered arguing. By law could I have told him too bad? This isn't a specific question to the shoe store but i guess this could apply to any store, etc. If it's their property I'm assuming they're able to demand someone to not take a photo.

Thanks,
Michael
Title: Photog paid $8000 for wrong arrest, cops disciplin
Post by: Monito on November 10, 2007, 02:08:55 pm: Quote
I was in a shoe store with a friend of mine and snapped a photo of her while I was there. The employee told me to give him the film or he'll call the cops, so I picked up and left before I even bothered arguing. By law could I have told him too bad? This isn't a specific question to the shoe store but i guess this could apply to any store, etc. If it's their property I'm assuming they're able to demand someone to not take a photo.[{POST_SNAPBACK}][/a] (http://index.php?act=findpost&pid=151731\")
They can insist that you stop taking pictures and they can eject you if they want, but they are not allowed to take your image card or film, nor can they force you to erase it.

About the only time a person can take your image card or film is if they are police or military guards AND you were taking pictures of a secure military installation or top secret facility.

Prior case law has established a value of $1500 for slides that are lost by a stock company or by a stock client. So I think it would be reasonable to value unprocessed images on a memory card the same way. If somebody forcibly takes your memory card with 100 images on it, that could cost them up to $150,000 if they lose it, but I know of no case law on that specific point.

You did well to avoid a confrontation and just leave. Much less complicated.

The Photographers' Rights PDF, updated Nov. 2006: [a href=\"http://www.krages.com/ThePhotographersRight.pdf]http://www.krages.com/ThePhotographersRight.pdf[/url]

I am not a lawyer.
Title: Photog paid $8000 for wrong arrest, cops disciplin
Post by: Chris_T on November 11, 2007, 09:21:11 am: While the article is helpful for photographers to understand their rights, it does not help those being photographed to understand them. I would love to carry with me a copy of OFFICIAL and LEGAL statement that I can show those who confront me. Where can I locate one?

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Know your photographer rights (updated Nov. 2006): http://www.krages.com/ThePhotographersRight.pdf (http://www.krages.com/ThePhotographersRight.pdf)
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Title: Photog paid $8000 for wrong arrest, cops disciplin
Post by: Rob C on November 11, 2007, 02:02:14 pm: Quote
While the article is helpful for photographers to understand their rights, it does not help those being photographed to understand them. I would love to carry with me a copy of OFFICIAL and LEGAL statement that I can show those who confront me. Where can I locate one?
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Chris -

Your problem might then be twofold: could the guys read; would the guys read?

Rob C
Title: Photog paid $8000 for wrong arrest, cops disciplin
Post by: MikeMike on November 11, 2007, 07:00:33 pm: Does it really matter?

Tell the person to back of or call the police. Use the good ol' backbone!
Title: Photog paid $8000 for wrong arrest, cops disciplin
Post by: Chris_T on November 12, 2007, 09:26:27 am: It is by no means a perfect solution. But it is better than trying to convince them verbally that I have the rights. It will also show them that I have done my research and do know my rights. In less serious cases (or being hauled into a police station), a formal looking publication may do the trick. It is better than nothing.

In addition to my dof chart, model release forms, etc., I think this extra piece of paper can be handy in my bag.

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Chris -

Your problem might then be twofold: could the guys read; would the guys read?

Rob C
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