Legal advice re photography please

Cinnamontoast

Cinnamontoast

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Is someone allowed to photograph horse then put it on a public forum for all to see? Without the owner's permission,I mean? I know he can take the pictures but to load them on an open Facebook profile? I'm slightly concerned that anyone can see the horses and quite likely identify the yard.:(
 
Don't think there is any laws on taking a picture of just a horse and posting it somewhere. Only thing your not aloud to do it take a picture of a person and post it somewhere without their permission. As far as i understand anyway, someone correct me if im wrong though.

Could you not politely ask the person who posted it to remove it and give them the reason why?
 
Anyone has the right to take a photo when in a public space, they then own the photograph and can do with it as they like. That includes pictures taken of things on or in private property.

There are two exceptions to this rule:

1. You can't photograph someone who has a "reasonable expectation of privacy" i.e. through their house windows into a bathroom or dressing room etc

General rule, if you think the average person would expect privacy, don't take the photo.

2. Is it a matter for national security, i.e. military bases.

The problem with people taking pictures of a horse in a field or stable is the pure fact that if you didn't want your horse 'visible' to the public, put them some where they can't be seen - if they can be seen, they can be photography perfectly legally I'm afraid.

You could try to politely ask them to remove the picture and even report the picture to the social networking site operator, but there's nothing you can really do to force them to remove it.
 
lialls said:
Only thing your not aloud to do it take a picture of a person and post it somewhere without their permission. As far as i understand anyway, someone correct me if im wrong though.
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I'm afraid you are wrong, I could take as many pictures of you as I wanted and post them all over the place if I wanted........snap snap ;)
 
assuan said:
I'm afraid you are wrong, I could take as many pictures of you as I wanted and post them all over the place if I wanted........snap snap ;)
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Unless of course you were taking pics of a minor & then your not allowed to post them all over the place :) infact you shouldnt really be taking them without permission.
 
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assuan said:
Anyone has the right to take a photo when in a public space, they then own the photograph and can do with it as they like. That includes pictures taken of things on or in private property.

There are two exceptions to this rule:
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<snip>

Correct me if I'm wrong, but I think there's a third - the photo can't be used for advertising purposes without a signed model release form from any identifiable person (or in some cases, buildings) in the picture giving their permission for it to be used as such.
 
navaho said:
Unless of course you were taking pics of a minor & then your not allowed to post them all over the place :) infact you shouldnt really be taking them without permission.
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A very unknown fact is that it IS NOT ILLEGAL to take pictures of children in a public place and do with them as you will (to a certain degree) you can post them 'as is' where ever you like on the internet.

It is frowned upon and can open you up to investigation by police, if not, a good talking to by the parents. But as long as you weren't doing anything 'bad' with the pictures, no one could force you to delete them or prosecute you for taking them. Obviously, images of a 'certain' nature are illegal, as are editing a picture putting a childs head on a 'certain' nature picture.
 
assuan said:
A very unknown fact is that it IS NOT ILLEGAL to take pictures of children in a public place and do with them as you will (to a certain degree) you can post them 'as is' where ever you like on the internet.

It is frowned upon and can open you up to investigation by police, if not, a good talking to by the parents. But as long as you weren't doing anything 'bad' with the pictures, no one could force you to delete them or prosecute you for taking them.
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Up here in Scotland police are getting round this one by prosecuting the photographers for breach of the peace if the parents are upset by it.

Think I'll stick to photographing horses!
 
CarolineJ said:
the photo can't be used for advertising purposes without a signed model release form from any identifiable person (or in some cases, buildings) in the picture giving their permission for it to be used as such.
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Sort of - you can use the picture for whatever you want, regardless of a release form. Although you could find yourself in the ECHR, and it could go one of two ways, depending on the use.

Best practice is just to get the release form.
 
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