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Re: Stanger taking ur baby's pic
#19
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A photograph taken of an individual on public property for the non-commercial use of the photographer is generally fair game and no consent or formal release is required, as far as I'm aware. It can be posted on Flickr or any other photo-sharing site. Ethically there may be other arguments, and a Flickr search on the terms "candid + [insert name of body part]" highlights that. However, don't forget the Constitutional principles upon which in part the laws of the United States are based. I'm not thrilled by the idea of a stranger taking my photograph without my knowledge or permission, but I'm thankful that he or she is entitled to do so.

To the OP, I agree that sounds like an odd scene, but it's probably harmless. It's unlikely she would have asked permission otherwise.


That's how I understand it. I've actually had a heated discussion about it recently.

If a photographer takes your photo on the street, since it is considered "art," it can hang in a gallery, become his/her most prized photo, sell prints - all without your consent. They can even photograph into your house thru your window.

As soon as they want to use it to sell a product, i.e. use the photo in an advertisement, like the Times article link here, they need your permission.

It's weird that she asked you to step out of frame. It's nice she at least asked permission. If you ever ask her about it let us know.

Posted on: 2009/7/23 22:56
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Re: Stanger taking ur baby's pic
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public space, public photo - it sucks, but when your a sexy looking dude like me, you learn to live with it !

Posted on: 2009/7/23 21:13
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Re: Stanger taking ur baby's pic
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You're a good parent to wonder about motives of the person and a kind person to have said yes. As a mom myself, I've been in this situation as well. One book that I found immensely helpful (enough so that I have since subsequently bought upward of 6 copies for family/friends) in discussing how to keep our children safe is this book:

Protecting the Gift: Keeping Children and Teenagers Safe (and Parents Sane) by Gavin De Becker

It's a must-read for anyone who has any interaction with children, especially parents. Gives concrete examples and sound advice for teaching our children (and ourselves) how to stay safe in the world - without overly instilling fear and using real statistics as to just how much danger (especially "stranger danger" there is).

One example of concrete advice is that De Becker maintains the old school teaching for kids of "don't talk to strangers" is misguided. Kids see their parents talking to strangers all the time. They are also prompted to talk to strangers themselves ("say hello to the nice lady") and it's confusing to them why the rules change if they are alone or lost. He advises instead teaching them to trust their instincts (and trust yours!) and if they are lost to "find a mommy" - or, if no obvious mommies are around, to "find a woman" to ask for help.

In your example, De Becker would advise that your gut was telling you something was "off" - especially when she asked that you move out of the frame. You do NOT need to be polite or nice to *anyone* when your gut tells you otherwise. This book is empowering, especially for women (who are often taught to be nice and not offend others) and I can't recommend it enough. Obviously, since I just posted a novella here in response to your post. :)

I hope this is helpful and if you get a chance to read the book you find it equally as compelling as I did.

Jen

Posted on: 2009/7/23 20:20
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Re: Stanger taking ur baby's pic
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KaKaDu wrote:
Yesterday I went for a walk with my 2 years old daughter near C Town supermarket. Some lady came and asked to take my baby?s picture into her cell phone, I didn?t want to be rude and said ok, and then she told me to stay aside, so she can take only her picture. Then she asked me if we?ll come tomorrow, so she can give me her picture. Now I?m freaked out and don?t know what to do!!! Did somebody hear this kind of stories?


I'd like to think that the passer-by merely adored your beautiful child, and perhaps was not fortunate enough to have their own.

There was a time in this city when an adoration of children was welcomed.


Resized Image

Posted on: 2009/7/23 20:01
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Re: Stanger taking ur baby's pic
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anchovial wrote:
I agree on every point, Frank. I would however argue that posting on Flickr is a commercial use. It's certainly not private. The site is a business that would not exist without the user generated content. I know that's arguable, but I bet Flickr would rather bend than fight.


"Commercial use" in this case refers to "selling a product"

Posted on: 2009/7/23 19:55
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Re: Stanger taking ur baby's pic
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catinatree wrote:
ugh, this happened to me. i found photos of my daughter on flickr which some creep had taken. she posted them under her "family" album, as if my daughter were related to her. when i wrote to complain to yahoo, they said there was nothing they could do about it. wtf.


Wow! How did you figure that out? Did you know the woman? I've heard of people stealing pics of babies and posting them on BBs and posing as their moms. Very creepy!

Posted on: 2009/7/23 19:44
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Re: Stanger taking ur baby's pic
#13
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I agree on every point, Frank. I would however argue that posting on Flickr is a commercial use. It's certainly not private. The site is a business that would not exist without the user generated content. I know that's arguable, but I bet Flickr would rather bend than fight.

Posted on: 2009/7/23 19:27
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Re: Stanger taking ur baby's pic
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catinatree wrote:
ugh, this happened to me. i found photos of my daughter on flickr which some creep had taken. she posted them under her "family" album, as if my daughter were related to her. when i wrote to complain to yahoo, they said there was nothing they could do about it. wtf.


Quote:

anchovial wrote:
Creepy! You could get a bit more aggressive in getting those pics taken down from Flickr. If you, or your child, are the central focus of someone's photo I believe they have the burden of needing a model release form. There's an article from the Times about this...


A photograph taken of an individual on public property for the non-commercial use of the photographer is generally fair game and no consent or formal release is required, as far as I'm aware. It can be posted on Flickr or any other photo-sharing site. Ethically there may be other arguments, and a Flickr search on the terms "candid + [insert name of body part]" highlights that. However, don't forget the Constitutional principles upon which in part the laws of the United States are based. I'm not thrilled by the idea of a stranger taking my photograph without my knowledge or permission, but I'm thankful that he or she is entitled to do so.

To the OP, I agree that sounds like an odd scene, but it's probably harmless. It's unlikely she would have asked permission otherwise.

Posted on: 2009/7/23 17:53
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Re: Stanger taking ur baby's pic
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anchovial wrote:
Creepy! You could get a bit more aggressive in getting those pics taken down from Flickr. If you, or your child, are the central focus of someone's photo I believe they have the burden of needing a model release form. There's an article from the Times about this...

http://www.nytimes.com/2007/10/01/tec ... ink.html?_r=2&oref=slogin



That is not what that article said at all. In fact, Lawrence Lessig, a law professor from Stanford is quoted as saying "this photographer did nothing wrong when he took this photo of this girl, and posted it on his Flickr page. What he did wasn?t commercial use, which triggers the legal issues. If there was a problem here, it was by Virgin.?"

Posted on: 2009/7/23 17:43
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Re: Stanger taking ur baby's pic
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Yeah, that was weird. I remember when my son was a baby, he looked like one of those little fat buddha statues and everyone always wanted to touch him...Its hard when you are a polite person, but I always said no, strangers have cooties that I don't want on my baby.

If you see the woman again, I would definately stop her to talk & find out, is she a neighbor? Did she say Why she wanted the pic? and a print from a cellphone is not so great...

Ask her questions like, does she have kids? grandkids? does she live around there, work around there???

Anyway, I wouldn't worry too much about this time, but in the future if something like that happens, don't be afarid to say no, after all, you don't know them, what does it matter if they get offended.

Posted on: 2009/7/23 17:24
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Re: Stanger taking ur baby's pic
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Just be careful...some people are whacky...u did nothing wrong...u were just trying to be polite. However, I've learned that sometimes u gotta be a bit more aggressive...so people don't take advantage. Take it easy:)

Posted on: 2009/7/23 15:29
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Re: Stanger taking ur baby's pic
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Creepy! You could get a bit more aggressive in getting those pics taken down from Flickr. If you, or your child, are the central focus of someone's photo I believe they have the burden of needing a model release form. There's an article from the Times about this...

http://www.nytimes.com/2007/10/01/tec ... ink.html?_r=2&oref=slogin

Posted on: 2009/7/23 15:17
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Re: Stanger taking ur baby's pic
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ugh, this happened to me. i found photos of my daughter on flickr which some creep had taken. she posted them under her "family" album, as if my daughter were related to her. when i wrote to complain to yahoo, they said there was nothing they could do about it. wtf.

Posted on: 2009/7/23 14:58
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Re: Stanger taking ur baby's pic
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Quote:

Vigilante wrote:
How you handle those situations is tell her she can have your babies pic if you can take a pic of her. That usually will scare them away.


yup.

Posted on: 2009/7/23 14:44
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Re: Stanger taking ur baby's pic
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I?ll never let this happen again. Thank U all.

Posted on: 2009/7/23 14:44
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Re: Stanger taking ur baby's pic
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I taught school for years, during recess I had strangers come up to me and asked permission to take pictures of my students. I always said no. Pictures are a commodity. Graphic designers pay hundreds of dollars to use pictures in designs. You have no control over any picture that is taken. But I wouldn't worry. Your child's features will change during the years. As a young parent you are learning how to parent.

Posted on: 2009/7/23 14:35
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Re: Stanger taking ur baby's pic
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I usualy yell "No pictures, f__king paparazzi!" while waving my hands in the air. That typically works.

Posted on: 2009/7/23 14:33
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Re: Stanger taking ur baby's pic
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How you handle those situations is tell her she can have your babies pic if you can take a pic of her. That usually will scare them away.

Posted on: 2009/7/23 14:31
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Stanger taking ur baby's pic
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Yesterday I went for a walk with my 2 years old daughter near C Town supermarket. Some lady came and asked to take my baby?s picture into her cell phone, I didn?t want to be rude and said ok, and then she told me to stay aside, so she can take only her picture. Then she asked me if we?ll come tomorrow, so she can give me her picture. Now I?m freaked out and don?t know what to do!!! Did somebody hear this kind of stories?

Posted on: 2009/7/23 14:29
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