Archived posting to the Leica Users Group, 1998/04/14
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]The ruling, according to your quote, states that police DO NOT have the right to tell PJs to leave a scene for safety reasons? If I were to set up a site for, say, traffic accident photography (off the top of my head), and I did not sell access to it, I would not need a release from people in the photo? But if I did sell access to the images, I would need releases? At 02:29 AM 4/14/98 -0400, Yods1 wrote: > Eric's right about journalists not having special privileges over the public >per se, but I think I should point out that in Lerserson V. San Diego, the 4th >District Court of Appeal ruled that "Journalists cannot be ordered away from a >dangerous site, or any part of it, simply for their own safety." > But in practical terms he's right. They use that excuse all the time and >don't take no lip. Last year I was arrested in Huntington Beach for >photographing cops making an arrest. Got a tacit apology from the Chief, but >they succeeded in preventing me from covering the event, which was a real, >full-blown news thing. Not some isolated, insignificant arrest. > If you're genuinely involved in editorial pursuits, often you can talk your >local sheriff/police/whatever into issuing you a press pass, but you might >have to do some convincing if you're with a medium they're not familiar with. > That will help in some pursuits, though technically Joe Citizen should be >able to enjoy all the privileges of the press. Including photographing people >in public places. And you don't need permission or a signed release of any >kind unless you use it for commercial pursuits. That news organizations are >also businesses is an area the courts have seldom addressed, though I could >see it coming into play before long now that the media has pretty much >abandoned pretenses of acting with the good of the public at heart. So much of >the stuff that used to be news is now presented in entertainment format that >you could almost consider the public unpaid actors and extras. > That's a bit of an exaggeration of course but editorially speaking, anything >in the public realm is fair game, at the moment. > I wonder if television in Quebec will be held to the same standards as >newspapers and magazines--as usual, I doubt it. > Dave Y. > Francesco Sanfilippo, Five Senses Productions webmaster@5senses.com http://www.5senses.com/