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One of the real problems with this ongoing campaign, says Mickey Osterreicher, the general counsel of the National Press Photographers Association, is that by listing photography in a leading way as an example of suspicious activity, rather than just requesting citizens to report suspicious activities, DHS is
In general, it's legal to take and publish photographs in and from a public space without asking, whereas taking photographs in a private space requires consent. Selling a photograph usually requires consent from the persons in the picture.
Officers are allowed to approach a photographer, request ID and ask why the photos are being taken; however, officers are reminded that a photographer may not be detained unless, or until, the officer develops reasonable doubt or probable cause of suspicious activity.
Basically, copyright law says that when you take a photograph, you become the copyright owner of the image created. This means you hold exclusive rights to: Reproduce the photograph. Display the image in a public space.
Being active on somebody else's private property usually requires the owner's permission to capture photographs. If the photographer captures pictures for such a cause, which further violate the rules such as harassing or stalking that would be another issue.
Written. Certain doctored or altered photographs should be treated the same as defamatory verbal lies because photos can be extremely damaging, and can subject victims to "hatred, ridicule or contempt." easily produces a risk of shame or ridicule on the part of the subject of the photograph.
As a form of expression, photography is protected in the U.S. by the First Amendment to the Constitution. But photographers are often forced to defend their right to take pictures (and record video) in public places.
Taking a photo of a person where they can expect privacy, such as inside their home or garden, is likely to cause a breach of privacy laws. Unless the images which have been taken are indecent, no one has the right to: ask a photographer to stop. ask for a copy of the photos.
One of the real problems with this ongoing campaign, says Mickey Osterreicher, the general counsel of the National Press Photographers Association, is that by listing photography in a leading way as an example of suspicious activity, rather than just requesting citizens to report suspicious activities, DHS is
Photographs as speech. No Supreme Court decisions directly address a photographer's First Amendment rights. The rulings closest to that issue involve expressive speech and conduct.