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Photography - Essay Example

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Discussion 2 According to Manning (2012), the basic right of photographers is that they have the right to take pictures of others if they are in a public place, even if that individual did not give consent to having his or her picture taken. This is because, in a public street, the individual has not right to be let alone, which is at the basis for any kind of restrictions put upon photographers…
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Download file to see previous pages Public disclosure of private facts would be another basis for a tort involving photography. For instance, if one takes a picture of another at an AIDS clinic, and it is clear that this picture was taken at an AIDS clinic, and this picture was published, then this would be public disclosure of private facts, and it would be actionable. Publicity that places another in a false light is another restriction. Perhaps an example of this would be to photograph a teetotaler with a beverage that resembles a beer, when it is actually a non-alcoholic beer. The fourth major restriction is that one cannot take another’s likeness or name to use for one’s own advantage (Krages, 2007). An example of this might be taking a picture of somebody, then putting this picture up on one’s own website and use it, without permission, to advertise one’s business. While the right to photograph others in public is pretty straightforward, in that, with some restrictions, there is generally a right to photograph individuals in public, it is different in private places. This might include residences, museums, concerts, etc. The owner of the venue or the residence has a right to restrict photography within the residence or venue. Generally they post signs stating this fact, but, even if they do not, they have the right to verbally prohibit photographers from taking photographs (Manning, 2012). In general, I think that photography laws are just right. I believe that anyone has the right to photograph anybody on the street, yet I also see the need for the restrictions. If an individual is suffering from AIDS and does not want this known, then he or she has the right to make sure that his or her picture at the clinic is not publicized. This is a basic privacy right to keep one’s illness hidden, and it is perfectly acceptable to make sure that this privacy right is not abridged. Likewise, it is a clear invasion of privacy to take pictures with long-range lenses, so this is another excellent restriction. The false light restriction also goes a long way to protecting privacy and protecting others from defamation. In other words, I feel that the restrictions upon photographing individuals provide an excellent balance between the first amendment rights of photographers with the privacy rights of individuals. As for restrictions in private residences and venues, I wish that these restrictions would be lessened, although I understand that private places have a right to make these restrictions. Discussion 3 According to Mendelson (2007), paparazzi are denigrated by journalists, who do not consider what he paparazzi do to be in line with journalism’s ethics. This is because they are intrusive and often harass their celebrity “prey.” Not only that, their focus is often on the trivial, as opposed to the focus of a “serious” journalist. Alach (2008) takes issue with the fact that the paparazzi invade the celebrity’s privacy. He also decries their tactics, stating that paparazzi often scare the children of celebrities, and that they often “hunt in packs,” with hordes of photographers, who have been tipped off about a certain celebrity’s whereabouts, ambushing the hapless celebrity and the family of the celebrity. Alach (2008) finds paparazzi to be exploitive, therefore their First Amendment rights ...Download file to see next pagesRead More
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