Maryland | Constitutional Law
Legal Question
Fire Companies Rights to take Photographs
I am member of a Volunteer Fire company, My questions is, what are our rights to take photographs on a fire or accident scene, and posting those pictures on our website for the community and other fire fighters to view.. It was my belief if we do not include names or pictures of the victims then it was ok to post them.. Can you advise me on this topic.
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Legal Answer
Re: Fire Companies Rights to take Photographs
That which is in public belongs to the public. You may photograph the fire sites without fear of the law. You may not photograph minors or others without their written permission if you intend to use the images for commercial purposes. It is not a good idea to photograph people without their permission regardless of the law.
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Charles S. Aspinwall, J.D., LLC PO Bx 984 Los Lunas, NM 87031-0984
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Legal Answer
Re: Fire Companies Rights to take Photographs
As long as you are in in public places and on public property you may take pictures.
However, there may be a question of privacy if the area where you take the pictures is not open to general public. There have been cases where a violation of privacy has been found where: (1) victims may have had reasonable expectation of privacy in rescue helicopter; (2) victim was entitled to degree of privacy in conversations with medical rescuers; and (3) recording of communications to rescuers and filming in helicopter ambulance may be highly offensive to reasonable person.
Further, if there are any links to your site that sell products, the unauthorized use of person's name or image to sell goods or services can be tortious appropriation.
You may want to contact an attorney if you have questions concerning specific pictures.
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Law Office Professional Corporation 1350 Connecticut Avenue, N.W., Suite 200 Washington, DC 20036
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