Legal and ethical hypothetical question (Full Version)

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iwillserveu -> Legal and ethical hypothetical question (2/16/2005 5:45:06 PM)

I got a legal and ethical question based on a hypothetical.

I was on the Boston subway and I saw a beautiful brunette wearing a foot fetishist’s dream shoes. They were open toed, open back, strappy things with a high (over 3 inches) stiletto heel. She was sitting down and had one off as she rubbed her foot. (The old Steve Martin bit about cruel shoes popped into my head.) I noticed her and went to my train cursing my luck that I don’t have a foot fetish.[:)]

Now the question. If I had a camera phone and took her picture:

a) Does she have a expectation of privacy on the subway?
b) If I leave off her head can she still claim I used her image without her consent?
c) Morally does it make a difference if I was working for “Bunion Times” or “Foot Fetisher’s Weekly”?



FangsNfeet -> RE: Legal and ethical hypothetical question (2/16/2005 6:02:36 PM)

Well we now live in a world of Political Correctness. Depending on her religion, beliefs, and how shy she is, The women may think that photo graphs steal souls or that you are a stalker. When you take a pic of a stranger and they notice it, you may get a "What the hell do you think you're doing?" If you can't think about her concerns then atleast think of your own saftey and be ready for anything. Especially the bad stuff.
I would go ahead and ask. After all it may allow you to get a better and up close picture. Not to mention it opens up doors to flirting and conversation. Depending how flattered she is, maybe you can get her number and see about getting more pic later on. She may even end up being that Dom you are hoping to serve.

Asking and getting a NO is better than Taking and getting your balls ripped off.




sub4hire -> RE: Legal and ethical hypothetical question (2/16/2005 6:06:48 PM)

Or you could be polite and merely ask her if you could take a photo of her beautiful foot.

Who could say no?



Mercnbeth -> RE: Legal and ethical hypothetical question (2/16/2005 7:43:12 PM)

quote:

Or you could be polite and merely ask her if you could take a photo of her beautiful foot.


Or you can do what beth & I did in Greece last year. Walk up to 2 big burly Greek solders resplendent in their uniforms with their Uzi's slung over their shoulders, have the movie camera rolling and then ask if I can take their picture with beth next to them. While they said no - it wasn't allowed, the picture was being taken. Our next movie - Midnight Express!



Moleculor -> RE: Legal and ethical hypothetical question (2/17/2005 7:23:37 AM)

I vaguely recall a law either being passed or being considered about cameras being used to "discreetly" take pictures of unsuspecting people. I don't remember if it was a national law or local one, but there's a very vague chance you could actually be breaking a law, never mind the moral questions. (Though morally it would all depend on intent.)



proudsub -> RE: Legal and ethical hypothetical question (2/17/2005 7:52:03 AM)

It's illegal in WA now to take pictures up a woman's skirt, but i don't know about feet.



sub4hire -> RE: Legal and ethical hypothetical question (2/17/2005 8:01:00 AM)

quote:

I vaguely recall a law either being passed or being considered about cameras being used to "discreetly" take pictures of unsuspecting people. I don't remember if it was a national law or local one, but there's a very vague chance you could actually be breaking a law, never mind the moral questions.


The Law was passed in most of the US if I'm not mistaken. I could be but I do also remember.



mistoferin -> RE: Legal and ethical hypothetical question (2/17/2005 8:01:12 AM)

I don't know the legalities involved here so I won't claim to. For me it would not be a legal issue but one of respect. I would expect that before someone just snaps a picture of me that they would ask permission, as this is how I would conduct myself if I wanted a picture of someone that I did not know as well.

Not to mention as Fangs pointed out, it could be downright dangerous if you were caught doing it. Having spent a great deal of my life associating with the 1% biker population, I can tell you that I have met some folks that get very funny(in a not so nice way) about having their picture taken. It's not something I would do without consent.



NATI -> RE: Legal and ethical hypothetical question (2/17/2005 2:28:07 PM)

quote:

I don't know the legalities involved here so I won't claim to. For me it would not be a legal issue but one of respect.


Legalities aside - I would have to agree. This is an issue of respect. There are certain situations in which photographing a candid shot of a person would not require a model's consent and release, but the photographer is doing this for the sake of the art. And even in these situations, it is polite to ask before you snap. Some individuals may not like it. Some individuals may not like it enough that your camera phone itself becomes a whole different kind of art when the 'subject' of the photograph takes matters and phones into her own hands, and modifies accordingly.




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