Archived posting to the Leica Users Group, 1999/09/24

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Subject: Re: [Leica] <no Leica> Photo professionals
From: Mark Rabiner <mrabiner@concentric.net>
Date: Fri, 24 Sep 1999 20:09:56 -0700

Eric Welch wrote:
> 
> At 07:30 PM 9/24/99 -0500, Paul Schiemer wrote:
> >What I've been trying to discern is only about the taking of the photo, not
> >what is done with it after. The right to publish doesn't make breaking the
> >law to get the photo righteous.
> >I couldn't imagine a professional photojournalist having occluded two
> >precepts allowing the misconception their rights supercede another persons.
> 
> No, Paul, you are right. I wasn't using precise language. You are right,
> you have every right to tell me no. And I accept that. But you have no
> right to stop me physically from taking your picture, as long as I don't
> threaten you in a way that the court deems inappropriate. As long as you
> don't have a reasonable expectation of privacy (i.e. in your back yard and
> I'm in a helicopter using an 800mm lens to pry). Try to go beyond that, and
> I just might sue for assault. But likely that won't go that far, because
> I'm not that kind of photographer. I do my job, but not to the point of
> abusing a person.
> 
> I do not consider ignoring a mother's request for not putting a picture in
> the paper as abuse. If I did consider what I was about to do abuse, I
> wouldn't do it, job or no job. I can't tell you how many times I've had a
> policeman pull someone off me, or a colleague, and say "Ma'am (or Sir),
> he's just doing his job, leave him alone." The press has to be free to tell
> the story it deems necessary. Is there abuse in that? Unfortunately, yes.
> But that's the price of freedom.
> 
> Eric Welch
> St. Joseph, MO
> 
The culmination of what I would have liked to say on threads resembling these
can be read above.
Thanks Eric! 
Mark Rabiner