关于照相权利的法律问题 - 未名空间MITBBS历史存档

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关于照相权利的法律问题

关于照相权利的法律问题# Law - 律师事务所

a*e2005-09-28 07:09

1 楼

上星期在一家商店门口给父母拍照, 一个门卫走出来说"不能拍". 说这是私人财产, 不许
以此为背景拍照. 在不清楚法律后果的情况下, 只好删掉了照片. 心里很窝火的说.
这幢房子是一个用于出租/出售的豪华居住楼, 一部分楼面楼层外租给商用. 有Target,
OfficeMax, Filene's Basement, CircuitCity, Barnes & Noble. 楼外有小型喷泉, 好
多人每天在那里shopping和逗留. 这个门卫是居住楼管理处执勤的人.
请教一下, 我有拍照的权利吗?
现在有这些问题:
- 我拍街景或商务楼房(比如Barnes & Noble), 是合法的吗?
- 我拍在街边的私人楼房外景, 是合法的吗? (难到我在外面街上随便拍一张照片,也有潜
在的侵犯私人物主的财产可能?)
- 门卫有权利干涉我的私人行为吗? (他有没有侵犯我?)
- 我是不是应该要求门卫出示书面的'关于不许拍照"的规定? 如果他没有书面规定可寻,
他是不是侵犯了我?
- 如果有'关于不许拍照"的规定,但是没有明文张贴在楼外, 门卫是不是没有权利要求我
删除照片?
这些美国法律问题可

c*i2005-09-28 07:09

2 楼

Not a lawyer, I am originally from Taiwan. As long as you don't take a picture
of FBI headquarters and look as if you are a terrorist, then it is all right.
To asnwer your questions, you are entitled to do everything described in your
questions. The security guard could not ask you to delete the digital image.
(What if it was not digital but a film? Would he have pulled it out?) The law
depends on the state where you were; it all about state laws of that state (as
opposed to federal laws). I am

【在 a***e 的大作中提到】

: 上星期在一家商店门口给父母拍照, 一个门卫走出来说"不能拍". 说这是私人财产, 不许
: 以此为背景拍照. 在不清楚法律后果的情况下, 只好删掉了照片. 心里很窝火的说.
: 这幢房子是一个用于出租/出售的豪华居住楼, 一部分楼面楼层外租给商用. 有Target,
: OfficeMax, Filene's Basement, CircuitCity, Barnes & Noble. 楼外有小型喷泉, 好
: 多人每天在那里shopping和逗留. 这个门卫是居住楼管理处执勤的人.
: 请教一下, 我有拍照的权利吗?
: 现在有这些问题:
: - 我拍街景或商务楼房(比如Barnes & Noble), 是合法的吗?
: - 我拍在街边的私人楼房外景, 是合法的吗? (难到我在外面街上随便拍一张照片,也有潜
: 在的侵犯私人物主的财产可能?)

a*e2005-09-28 07:09

3 楼

That's very interesting. You are right different states have different laws.
So how did you find out the sidewalk is public. Did you research on laws -
where is a good place or website to research? I just need to make sure I have
certain rights and will not be bothered by anybody next time I take a picture
in public space.
Also, how did your lawsuit against MIT police turn out? Did you get a lawyer?

picture
right.
your
.
law
as
sort
turned out that sidewalk is public (paved and maintained by th

【在 c**i 的大作中提到】

: Not a lawyer, I am originally from Taiwan. As long as you don't take a picture
: of FBI headquarters and look as if you are a terrorist, then it is all right.
: To asnwer your questions, you are entitled to do everything described in your
: questions. The security guard could not ask you to delete the digital image.
: (What if it was not digital but a film? Would he have pulled it out?) The law
: depends on the state where you were; it all about state laws of that state (as
: opposed to federal laws). I am

c*i2005-09-28 07:09

4 楼

This is Law board, so I will give you something to think about. Pleease note
that US marshalls are federal employees; that's why federal laws controlled
and the civil case was heard in a federal court.
http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20040915/NEWS01/409150360/1002
Everybody knows a sidewalk is public. The problem with a sidewalk within MIT,
which built and owns all bbuildings on both sides of the street, was paved by
MIT or the City of Cambridge. It is easy to find out; I

【在 a***e 的大作中提到】

: That's very interesting. You are right different states have different laws.
: So how did you find out the sidewalk is public. Did you research on laws -
: where is a good place or website to research? I just need to make sure I have
: certain rights and will not be bothered by anybody next time I take a picture
: in public space.
: Also, how did your lawsuit against MIT police turn out? Did you get a lawyer?
:
: picture
: right.
: your

a*e2005-09-28 07:09

5 楼

Thanks much. I asked the same question on "working" board. "Kuku" sent a link
to an article about photographers' rights. It looks generally I have the right
. People who come bother me could potentially violate my right. See if that
article provides any insight in your law suit against MIT sidewalk security
guard.
And good luck with your case; it's admirable to represent yourself - we should
all learn to play the rules and protect ourselves.
Keep the board updated with your progress...

,
by
did

【在 c**i 的大作中提到】

: This is Law board, so I will give you something to think about. Pleease note
: that US marshalls are federal employees; that's why federal laws controlled
: and the civil case was heard in a federal court.
: http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20040915/NEWS01/409150360/1002
: Everybody knows a sidewalk is public. The problem with a sidewalk within MIT,
: which built and owns all bbuildings on both sides of the street, was paved by
: MIT or the City of Cambridge. It is easy to find out; I

c*i2005-09-28 07:09

6 楼

I am afraid that you misunderstood my points. I was not taking pictues at MIT
or anywhere when MT police or securities approached me, as described earlier
underthis topic.

【在 a***e 的大作中提到】

: Thanks much. I asked the same question on "working" board. "Kuku" sent a link
: to an article about photographers' rights. It looks generally I have the right
: . People who come bother me could potentially violate my right. See if that
: article provides any insight in your law suit against MIT sidewalk security
: guard.
: And good luck with your case; it's admirable to represent yourself - we should
: all learn to play the rules and protect ourselves.
: Keep the board updated with your progress...
:
: ,