old discussion, new question. rights of photographers

[thegrump]

A power company's contractors were working on the lines outside my house today. I decided to take a few photos of the cherry pickers they were using. I stepped outside my side gate and took a few shots from 50 meters away. Next, I hear hey! what are you doing. I explained to the foreman I was just taking some shots for my own personal use. He went off. "I have 5 kids and can't afford to get fired, BLAH BLAH BLAH. I told him I should have asked permission ( which I would usually do ), but they were so far away. Then I explained we were in a public place, and did not really need his permission. He then told me, that between the signs was his work place and I could not take photos. I retreated into my front yard and took a few more shots. A bit later he confronted me again, asking why, I continued to take photos when he told me not to. That his people were distracted by me taking photos. WHO IS RIGHT?, should I use the photos?

[ameerat42]

I reckon you did have the right to photograph him/them. He sounds like a JERQUE!

However, because of that fact, maybe you should not have upset him a second time

(And fixed title, seeing as it didn't quite get to be a funeral)

[thegrump]

I did notice that after I pushed the button. But figured it appropriate. Have been pretty much house bound for the past 12 months with a sick wife. So you have not heard much from me.......

[I @ M]

If it were me in your shoes I would have rung his company, asked for his boss and demanded to know why the worker verbally assaulted you.
From his rantings about "being fired" I would hazard a guess that he and his colleagues were doing something "not by the book" and he was afraid that your photos were going to land him in trouble.
When he started the spiel about "between the signs being his workplace" I would have reminded him that a police officer going about his duties in a public street ( his workplace ) is not immune to being photographed.

In a nutshell, unless your actions whilst photographing the workers could or did lead to presenting a danger to their safety they cannot object to being photographed in a public place as far as I understand the laws of this land.

I am damn sure that if they had been using their cherry picker to rescue some poor child's kitten that was stuck up the tree they would have been all smiles and laughter as the news crew below them happily clicked away ---------

[ameerat42]

points.

[Hamster]

I think I would have asked if there was anything they were worried about having photographed. If so then let's have a talk about safety and see what the issue is and why they don't take it seriously. If not then all photos would show them employing best practice. This gives them the chance to explain
1 why a rule they're not following is unreasonable, (which could be the case)
2 embarrass them into doing things the right way. Good safety rules are, after all, designed to make sure people go home in one piece.
3 Give them confidence all is great with their practices.

Bottom line though, is that you can take pictures of them, and there's nothing they can do.
They can't stop you posting them here, so how about posting them so we can all see if they're doing anything obvious to be worried about :-)

[ameerat42]

Somehow, Hamster, I think that would be too subtle for that bloke.

[thegrump]

One of his concerns, was, that I could distract them from their job. HELL.... I hope a pretty girl doesn't walk past.

[ameerat42]

I hope you had a GREAT GUFFAW at that stupid remark, TG.

[Mark L]

You have every right to take photos of anything from a public space (there are some selective exemptions here that simply don't apply to you case here).
So there may be a law that says you can't enter their workspace (and therefore take photos) but if that is the case their workspace is only between the signs advising their presence. If you were outside them signs, tell the bloke to get a life and then sue him when he flattens you.
Public space is mostly where you can take photos of anything. If someone leaves the bedroom curtains open while they are having sex and you stand on the road and take photos, all good.
There are exceptions though.

[jim]

Public space is mostly where you can take photos of anything. If someone leaves the bedroom curtains open while they are having sex and you stand on the road and take photos, all good.
There are exceptions though.

Mm. I wouldn't want to try to defend photographing that with a 600mm lens and a stepladder.

[feathers]

Mm. I wouldn't want to try to defend photographing that with a 600mm lens and a stepladder.

LOL

[Glenda]

As long as you are in a public space you can take any photographs you want in Australia. I think Andrew probably nailed it with his suggestion that they were probably not doing something by the book and were worried your photograph would somehow get into their boss's hands and they'd be in trouble.

[Liney]

If you really wanted to shut him up you should have asked for his Job Hazard Analysis (JHA)

[Brian500au]

Although the law is on your side maybe we all need to show some courtesy when photographing subjects.

Would you feel comfortable if a total stranger started photographing or videoing you for a reason you are not sure. I know I certainly do not like being photographed but worst of all I hate it when i see somebody videoing me (including my wife).

This just seems to be society now - we see so many photos on websites of people making fools of themselves. We are also not sure where this photo will end up - ie it might be for your own personal use but if it is posted on social media, thousands of people now have access to this photo.

Would you as a parent feel comfortable if you seen the guy down the road taking photos of your child playing in the street - according to the above he has the right to do it if it is in a public place. The law may be on his side but you might find everybody in the street is not.

When is taking a photo of a stranger invading another person's privacy? If see an uninvited person taking a photo of me, the first thing going through my mind is why - I am certainly no model. In this day and age I guess this is going to become a lot more controversial when photographing in public places.

You might think a beach is a public place but try taking your camera down there and photographing people or children and see if they law will protect you from an angry parent. I remember a while ago the police were called to a guy on one of the Sydney beaches because he had a camera he was pointing at people.

As a photographer we might have strong views about our rights but remember anybody with an Iphone is photographer now. Unfortunately the more you invest in equipment to actually become a photographer, the more suspicious people view your purpose of photographing them.

Just my thoughts.

[thegrump]

and a good one Brian500au.

[Mark L]

You post has some conundrums of the modern world Kel

.......
This just seems to be society now - we see so many photos on websites of people making fools of themselves. We are also not sure where this photo will end up - ie it might be for your own personal use but if it is posted on social media, thousands of people now have access to this photo.
.....
When is taking a photo of a stranger invading another person's privacy? If see an uninvited person taking a photo of me, the first thing going through my mind is why - I am certainly no model. In this day and age I guess this is going to become a lot more controversial when photographing in public places.
.....
As a photographer we might have strong views about our rights but remember anybody with an Iphone is photographer now. Unfortunately the more you invest in equipment to actually become a photographer, the more suspicious people view your purpose of photographing them.

Taking peoples photos in a public place has always been a bit sensitive but allowed in a free society. I'd approach someone taking my photo and explain I'm a photog and ask what they are doing. they would have been obviously after plain and boring.
I think taking photo in pubic places will become more accepted if doing it with an Iphone.
Tend to think your last sentence is interesting and fair enough. But is it because we all remember the bad story and never hear about the other thousand times nothing happens. "I went to the park today to take some candid photos and no-one complained to me" is not something most people would post anywhere.
Random thoughts.

[I @ M]

Once again when a thread such as this rears it's hoary head we all need to remember there are very often large divides between morals, ethics and legality.