Photographing minors without parental consent
Neighbors are in the process of a bitter divorce. Husband was picking up his daughter (from a previous marriage) from a visit with friends. An order of protection is in place against the husband, however it had some changes to accomodate his picking up his daughter. The wife was hiding behind a bush on her property and began snapping pictures to show he was out of compliance with the court order, but as she was taking these pictures, the neighborhood children were also being photographed, as were adults who were talking. No one was aware these pictures were being taken until a flash was seen. It has been my understanding that photos of minors are not allowed to be taken unless there is written consent of a parent/guardian. If this is true, what recourse do we the parents of these children have?
1 Answer from Attorneys
Re: Photographing minors without parental consent
Huh? You are mistaken. There is no law in New York State against taking photos of any person (children included) so long as the photo is taken on public property, on the photographer's own private property, or the photo is one that can be seen with clear sight from public view onto private property (no surveillance).
What one cannot do is take photos of a person without their consent on the photo subject's own private property (absent a warrant and judicial oversight), use any picture of another person for commercial purposes with out their, or in the case of a minor their parent or legal custodian's consent (maybe this is what you're thinking about) or take any photograph that encompasses child pornography at any location, at any time, irregardless of consent.
What you describe, without further information, seems legal.
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