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Thread: Breaking the law?

  1. #1

    Default Breaking the law?

    Hi! I need to hear some opinions regarding my question.

    Am I breaking the law if I am taking some photos of someone who happen to be on the public road? I understand that we may need a model release form if we are using the photo for some advertising purposes. Sometimes when I take a photo of someone on a public road, the someone shouted very loudly at me and demanded me to delete the pictures from my camera. I told them politely that I am not breaking the law and they have no rights to ask me to delete the shots from my camera. Am I right?

    I am sure I have no rights to take some photos in a private compound but not on a public environment without first asking for permission.

    Thank you,


    With regards
    Kaikeong

  2. #2
    Moderator daredevil123's Avatar
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    Moderator catchlights's Avatar
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    Default Re: Breaking the law?

    Quote Originally Posted by Kaikeong View Post
    Hi! I need to hear some opinions regarding my question.

    Am I breaking the law if I am taking some photos of someone who happen to be on the public road? I understand that we may need a model release form if we are using the photo for some advertising purposes. Sometimes when I take a photo of someone on a public road, the someone shouted very loudly at me and demanded me to delete the pictures from my camera. I told them politely that I am not breaking the law and they have no rights to ask me to delete the shots from my camera. Am I right?

    I am sure I have no rights to take some photos in a private compound but not on a public environment without first asking for permission.

    Thank you,


    With regards
    Kaikeong
    you want 100% sure and double confirm type of answers, you will need to talk to a lawyer on this matter.

    people can say anything on the web, but nobody will responsible for what they had posted.


    on the side note, even though you know you can do that, but what if the other party don't know and don't care, decide to greet you with his knuckle, so it is up to you to decide is it worth it or not.
    Shoot to Live, Live to Shoot
    www.benjaminloo.com | iStock portfolio

  4. #4
    Member iluvs90's Avatar
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    Default Re: Breaking the law?

    Apologize and then delete it. Just be a fellow human being and be humble, there is always another shot elsewhere. Don't get caught up with unhappiness. This is what I will do if demanded.

  5. #5

    Default Re: Breaking the law?

    Quote Originally Posted by Kaikeong View Post
    Hi! I need to hear some opinions regarding my question.

    Am I breaking the law if I am taking some photos of someone who happen to be on the public road? I understand that we may need a model release form if we are using the photo for some advertising purposes. Sometimes when I take a photo of someone on a public road, the someone shouted very loudly at me and demanded me to delete the pictures from my camera. I told them politely that I am not breaking the law and they have no rights to ask me to delete the shots from my camera. Am I right?

    I am sure I have no rights to take some photos in a private compound but not on a public environment without first asking for permission.

    Thank you,


    With regards
    Kaikeong

    Your location Singapore or Shanghai? Your profile put Shanghai? We donno Shanghai law, you have to ask Chow Yun Fatt.

    If Singapore, last time no need Model Release for commercial use, now with Personal Data Protection Act, you need, and be specific.

    You can take pictures in public places, but if you take in a way that cause harassment to the other person, he may complain to the court that you harass him, provided he makes the effort to go thru the process, but it is up to the magistrate to decide if he is wasting courts time making a nonsense claim, or valid.

    If he shout at you and behave aggressively at you, you can also complain to the court that he harass you, provided you make the effort to go thru the process. He can demand you to delete the photo, you can don't give him a hoot. If he continues to make those demands, add in threats, get physical with you, etc, he is also liable for his actions. Best is both get fined by the court for wasting courts time and police resources. But if its the Police who ask you to delete the photos, you better cooperate, especially during security sensitive periods or locations, ie airports, etc. Because there are always certain laws or provisions or special situations for them to make those demands and trying to be a smartass usually lands you into legal problem with the law, criminal or civil. Local police is very fair and usually right, so cooperate and you will be fine.

    If the Police or the court probe into the photos you took, then you are also subjected to scrutiny of all those photos you took, whether is that person alone, are general view where that person is a small part of it, the reason you took it, is that reason convincing to the judge, did the other party suffered any lost or hurt, when things go to court, its your word, against the other sides words, some words spoke by some individuals are more skilled and calibrated ie a representing lawyer, so if you want to win, maybe hire one?

    Even in a public place, there are also situation you better keep your camera, ie someone run naked around, due to whatever reasons intentional or unintentional, and you start taking pictures or videos, ahhh, actually you may had committed offences, ie the person may not intentionally exhibit nudiness but is insulted that you took his/her photos, or authorities may have reason to suspect you are making an undesirable film or publication..

    Then there are differences between public place, and private places but with public access granted, ie train stations, shopping centres, etc. You can take, until the permission is revoked by the premise owner, or their assigned staff, especially security, so dont fart around with security, nowadays not all security are uneducated ah laos on a retirement job, many had upgraded to be as nasty as any self entitled person could be and they also consult legal and know their rights and powers as a premise guardian.

    For example, a toilet or changing room is a place with public access, try taking pics of people whether clothed or unclothed and one single complaint to the police for sure you go up the QX.

    End of the day, whats so nice about taking random people on the street? Street Photography? Still the Henri Cartier-Bresson thing? For what? Not boring meh? Why not shoot colorful flowers, fruits or insects or spiders, or shoot bird? So much more fun. Or join an organized shoot and shoot xiao meimei, XMM got paid so she wont complain. No offences, but too much of this street photography thing in singapore just means shooting china town ah pek playing chess, poor auntie collecting cardboard, homeless old folks sleeping at void decks or benches, then a random cat, then go geylang and snipe street hookers, then little india shoot the same roti prata uncle, always the same thing, it just get super boring and disrespectful to the people.

    Seriously, it is super creepy and weird. Just put yourself in other people's shoes, how will we feel having a stranger secretly taking pictures of ourselves? Many people will freak out and a high percentage will react defensively, aggressively, sometimes violently. Street photography? A pretentious name for Voyeurism.

  6. #6

    Default Re: Breaking the law?

    You might want to check with a lawyer. Even then, even if it's legal, the person may still be unhappy with you and potentially kick up a big fuss.. not worth it
    http://www.shimmeryphotography.com/ - Shimmery Wedding Photography And Videography In Singapore

  7. #7

    Default

    Quote Originally Posted by Kaikeong View Post
    Hi! I need to hear some opinions regarding my question. Am I breaking the law if I am taking some photos of someone who happen to be on the public road? I understand that we may need a model release form if we are using the photo for some advertising purposes. Sometimes when I take a photo of someone on a public road, the someone shouted very loudly at me and demanded me to delete the pictures from my camera. I told them politely that I am not breaking the law and they have no rights to ask me to delete the shots from my camera. Am I right? I am sure I have no rights to take some photos in a private compound but not on a public environment without first asking for permission. Thank you, With regards Kaikeong
    If the shot is really nice, show to the person and praise him/her to make them feel happy or offer to send them a softcopy as a form of kind gesture. If the shot is just so so or nothing special then delete lor.

  8. #8
    Moderator keithwee's Avatar
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    Default

    In general even moving towards the legal side, consider basic courtesy.

    If the subject objects to having his or her image being captured, erase it. Not because of legal reasons but simply out of basic courtesy to another human being.

    To me it's stepping beyond a line if a person wants a shot even at the expense of others.

  9. #9

    Default Re: Breaking the law?

    Consulted a lawyer friend on this before. She say in Singapore it is fine to take picture in public domain. But in private property u can't.

  10. #10

    Default Re: Breaking the law?

    Quote Originally Posted by Kaikeong View Post
    Hi! I need to hear some opinions regarding my question.

    Am I breaking the law if I am taking some photos of someone who happen to be on the public road? I understand that we may need a model release form if we are using the photo for some advertising purposes. Sometimes when I take a photo of someone on a public road, the someone shouted very loudly at me and demanded me to delete the pictures from my camera. I told them politely that I am not breaking the law and they have no rights to ask me to delete the shots from my camera. Am I right?

    I am sure I have no rights to take some photos in a private compound but not on a public environment without first asking for permission.

    Thank you,


    With regards
    Kaikeong

    Short answer: No, you are not breaking the law.

    However, if the subject has his or her NRIC, Name or handphone number written/tattooed on their forehead, nose, arms, back etc, and can be clearly seen in the picture, then you will be subjected to the regulations of PDPA (Rare but there are if you walk enough..) Otherwise anybody have every right to photograph anyone in a public road. From a legal talk I attended conducted by a lawyer, even the police cannot force you to delete the picture if it is non offensive and taken in a public place. That being said, the irony of the matter is, when a subject kicks up a big fuss, the resulting image is 99% of the time a goner....not one that is worth keeping. This happens to most people who shoots in public spaces.

    Your subject have every right to ask you to delete the picture, but you can also stand by your rights not to. However most people I know will just delete it to save some trouble. You can retrieve the picture again later when back home using recovery software if you die die want that pic, so there really is no need to agitate the subject further.


    Quote Originally Posted by JasonB View Post
    End of the day, whats so nice about taking random people on the street? Street Photography? Still the Henri Cartier-Bresson thing? For what? Not boring meh? Why not shoot colorful flowers, fruits or insects or spiders, or shoot bird? So much more fun. Or join an organized shoot and shoot xiao meimei, XMM got paid so she wont complain. No offences, but too much of this street photography thing in singapore just means shooting china town ah pek playing chess, poor auntie collecting cardboard, homeless old folks sleeping at void decks or benches, then a random cat, then go geylang and snipe street hookers, then little india shoot the same roti prata uncle, always the same thing, it just get super boring and disrespectful to the people.

    Seriously, it is super creepy and weird. Just put yourself in other people's shoes, how will we feel having a stranger secretly taking pictures of ourselves? Many people will freak out and a high percentage will react defensively, aggressively, sometimes violently. Street photography? A pretentious name for Voyeurism.


    Last edited by wolfton; 18th June 2015 at 12:14 AM.
    "Time is often the best editor" - Alex Webb

  11. #11

    Default Re: Breaking the law?

    Quote Originally Posted by keithwee View Post
    In general even moving towards the legal side, consider basic courtesy.

    If the subject objects to having his or her image being captured, erase it. Not because of legal reasons but simply out of basic courtesy to another human being.

    To me it's stepping beyond a line if a person wants a shot even at the expense of others.
    Yep. Pretty sure in public it's ok, but it's still rude to not want to delete if he/she walked up to you and specifically asked you to delete the picture.
    http://www.shimmeryphotography.com/ - Shimmery Wedding Photography And Videography In Singapore

  12. #12

    Default Re: Breaking the law?

    Quote Originally Posted by wilsonwongjw View Post
    Yep. Pretty sure in public it's ok, but it's still rude to not want to delete if he/she walked up to you and specifically asked you to delete the picture.
    Unless of cse if you are taking up skirt in public ...that one .... We know what will happen

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