RJBender said:
Bertram,
Two photographers took photos of Otto von Bismarck as he lay dying and published the photos in 1898. Everyone got so pissed off the German government passed a law. Is that how this all started?
So how do journalists photograph events on the street for publication in newspapers? Just curious.
R.J.
A That's the laws origin, yes.
B Events are especially descripted in this law, no prob for journalists.
What my quote actually says about amateurs is:
It is not explicitely forbidden to photograph somebody out on the street as long as you keep this pic at home in a drawer and leave it there.
Nonetheless, if the photographed person tho (from what good reason ever) does not want to get photographed and wants the film to see if there is a neg with her / him on it , it could get dangerous anyway.
She/he could call the police, let the police confiscate the film as an evidence and to check if there is a neg on it with her/him on it . Then you would be asked to give this neg back. If you'd refuse
it is likely you woud lose the trial at a court, mainly because of the fact that you have an internet access btw and it cannot be excluded that you pass on the pic this way.
In other words:
there is no written law which would explicitely forbid photographing persons in public as long as the photo is not published.
BUT the actual legal interpretation of this law by judges (which is always the second half of a law) must let you assume that you can be forced to give the neg
back and pay the trial if it comes to such a controverse.
And THAT is what one should know when it comes to a discussion about rights and laws on the street in Germany and why I strongly recommend DE-ESCALATION:
- you can hand the film over to let it dev and check by that person and to get it back later when the concerning neg was cut out (check identity card, witness, or one hour lab nearby.).
- you can run: no film, no evidence
- you can (with an easy sleight of hand) hand over an empty cartridge after you pulled the whole film outta the cartridge.
The method will depend on the person, living statues ( best the minilab version and a cup of coffe) are handled different from cheeky old fartbags I suppose. :angel:
Bertram