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03-28-2015, 12:46 PM   #1
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Bill to make Street Photography (and more) illegal passes in Arkansas Senate

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The implications of this bill are staggering. For example, an image showing recognizable people posted to the Internet for a use that would not require written consent anywhere else in the world could leave you open to a lawsuit just because someone in Arkansas could view it online.

SB-79 places an unprecedented burden on all photographers whose work could be viewed within the state of Arkansas to either get explicit consent from every individual whose likeness appears in all of their photographs or risk defending themselves in a lawsuit where they will have to shoulder the burden of proving the use of their photographs qualifies as an exempted use.



03-28-2015, 01:18 PM   #2
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The war against photographers continues...
03-28-2015, 01:44 PM   #3
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So that means photographers would have to manage to shoo everyone one away from a particular scene just to take a photograph? Oh my, so what are they afraid of? That someone would photograph their out of shape self wearing to little clothing that they decided to wear in public where hundreds of people are already Android/iPhone photo'ing them?
03-28-2015, 03:17 PM   #4
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To be honest, the statement "... for a use that would not require written consent anywhere else in the world ..." is plain wrong. There are countries with much stricter legislation such as Germany where publishing an image of someone who is recognisable without consent is an offence (unless the person is part of a large group/crowd) and France, where even taking a picture in the first place (ignoring whether it is later published or just collects dust on a hard drive) without consent is prohibited.

Street photography laws in the US and UK are quite liberal.

03-28-2015, 03:34 PM   #5
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So if I visit Arkansas I should leave my camera at home?
03-28-2015, 03:57 PM   #6
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Does this have something to do with it?

People Of Walmart - Funny Pictures of People Shopping at Walmart : People Of Walmart
03-28-2015, 05:33 PM   #7
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QuoteOriginally posted by boriscleto Quote
Yes, very likely!

03-28-2015, 05:44 PM   #8
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The fair use exemption includes photos 'Solely to depict the individual's role as a member of the public if the individual is not named or otherwise singled out.' So street photography might be OK as long as no judgment is passed on the subject. Sneering, superior, elitist depictions of so called po white trash may not meet this fair use provision. But would this apply if the subject was singled out to appear as noble, brave or simply engaging in the 'pursuit of happiness'? Of course anyone planning to do street photography in Arkansas should seek their own advice.
03-28-2015, 07:15 PM   #9
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If I lived in Arkansas I'd purposely start taking street photos and try to bump the case up to supreme court status.
03-29-2015, 09:16 AM   #10
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QuoteOriginally posted by crewl1 Quote
So if I visit Arkansas I should leave my camera at home?
Lol, I should send this Bill thing to my cousin in Arkansas who regularly fills her camera with indiscriminate photos of everyone and USB's the whole lot unedited to face book. People eating, kids with no shirts and food drips on their bellies, trash piles in the background, people with clothing malfunctions, etc, etc.... WARNING avoid her when she has cell phone or point and shoot.
03-29-2015, 12:31 PM   #11
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They should pass that law in California where the Paparrazi lives but Arkansas give me a break...
03-29-2015, 01:46 PM   #12
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If you publish a photo in the UK and the title is inaccurate it is called slander or libel.
You don't need photos on the web.
And you don't need clever talking donkey titles.
03-29-2015, 02:51 PM   #13
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QuoteOriginally posted by Xmas Quote
If you publish a photo in the UK and the title is inaccurate it is called slander or libel.
You don't need photos on the web.
And you don't need clever talking donkey titles.
?clever talking donkey titles?
03-29-2015, 07:40 PM   #14
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QuoteOriginally posted by rayallen Quote
Yes, very likely!
After looking at some of those "People of Walmart" photos, I've lost the will to live...
03-29-2015, 08:01 PM   #15
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QuoteOriginally posted by crewl1 Quote
?clever talking donkey titles?
Wise Ass 😊
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