 |
 |
 |
 |
|||
|
You And The Law Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. 1 212 557-9600. Privacy Law Note: Although our First Amendment to the Constitution provides for Freedom of the Press, to encourage the free flow of information, this must be balanced against existing privacy laws which seek to protect the privacy of individuals under certain circumstances. Invasion Many photographers train themselves to be aggressive in pursuit of stories and the "best" images. Yet this must be tempered with respect to a person's privacy, in those circumstances when privacy is protected. It is not allowable, for example, to invade or trespass on someone's property without permission. In many states, to gain photographs through surreptitious surveillance or by access to information or premises through false pretenses, is actionable in and of itself, regardless what use is made of the photographs. This balancing act is constant because in a free society, we have the need and the right to know what is going on around us, whether it be in Waco, Texas, or on a freeway in Los Angeles, yet we deem our privacy to also be worthy of protection. There is no universally accepted privacy law. Each state has its own variations. However, many states look to New York State law, since many privacy issues arise, and therefore are resolved, in New York.
| ||||||
