Trespassing, Photographing, Privacy, Opinions. . . - Page 5

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Trespassing, Photographing, Privacy, Opinions. . .

This is a discussion on Trespassing, Photographing, Privacy, Opinions. . . within the Horse Law forums, part of the Horse Resources category

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    09-19-2010, 10:20 PM
Green Broke
I wouldn't want someone to take pictures of my horse. Why? I don't really know, for sure. Lots of reasons, you could say. Maybe because I keep my horse at a private facility and I don't want people lurking around. Maybe because I don't want a random stranger close enough to my horse that they could touch her. Maybe because it would likely result in tresspassing. Heck, maybe it's because i'm so selfish about my horse that I don't want anyone enjoying her but myself! I would be less agitated if someone just snapped a shot from a distance, enjoyed it, and deleted it. I would get angry if it was posted someone, like the internet. However, I wouldn't be happy with either. Different strokes for different folks.
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    09-19-2010, 10:34 PM
Originally Posted by ShutUpJoe    
I think this matter may be another agree/disagree thing. Some are going to say it's ok some are going to say it's not. It's not going to really change anything....
And that's fine except that the people who don't think it's ok are going to hound those that think it's fine. I don't want to have to worry about whether or not people are going to freak out at me when I post pictures now, just because I don't see the need to ask permission. If you think you should ask permission go for it. But don't bug others just because they don't feel the same.
    09-19-2010, 10:48 PM
Green Broke
If you tell them you have permission how are they to know whether you really do or don't? The point is it's not illegal to take a picture unless you trespass to do so. So don't trespass and there isn't really anything anybody can do. If you post a pic you found on the web try to include the link, even though if they are really concerned all they have to do is look at the picture's properties and they can see themselves where it came from.

I mean seriously how many sorrel, bay, black, grulla, buckskin horses are out in the world. Show me a horse and I could probably find one pretty darn similar. The only way I'd have a problem with someone else posting my horse's pic is if they claimed my horse was theirs.
    09-19-2010, 11:15 PM
Green Broke
Originally Posted by Amba1027    
And that's fine except that the people who don't think it's ok are going to hound those that think it's fine. I don't want to have to worry about whether or not people are going to freak out at me when I post pictures now, just because I don't see the need to ask permission. If you think you should ask permission go for it. But don't bug others just because they don't feel the same.
Oh baloney. No one is bugging anyone about it except sharing their opinions. And there are a lot of personal reasons why people wouldn't want others to photograph their horses. I don't know how many friends of mine have gotten AC called on them because some idiot takes a picture of their horse from afar without knowing anything about the situation. Rescued horses, just got to the property, Animal Control called.

They didn't get into trouble after showing proof. That kind of thing happens all the time. People post pictures of other people's horses and say it's theirs like Joe mentioned.

I just think it's really odd to take pictures of other people's property. When I'm at the fair, I ask the owner's permission to take a picture of their horse. It's polite.

I don't want people taking pictures of my horses and posting them online. I know a lot of people who feel the same way.
    09-19-2010, 11:48 PM
This thread got started because someone posted a picture and people got worked up because she didn't have permission. So it's really not hard to believe that others might end up with similar comments on their picture threads.

People claiming someone elses horse is there own really has nothing to do with them taking pictures of someone elses horse. The one time I have seen that happen, the person took pictures that the owner had taken and posted themselves. So if you don't want that happening you (general you, not anyone specific) you better not post any pictures of your horse either. If you are fine with pictures of your horse being on the interenet why does it matter who took them?
    09-20-2010, 12:03 AM
Green Broke
Me taking a picture of my horse is way different than someone else taking a picture of my horse and posting it online.
    09-20-2010, 12:12 AM
How? It's still a picture of your horse on the interenet. Why does it matter who took it? Once it's on the interenet it can be seen/taken/used by anyone so it's not like you taking it and putting it up gives you any more control over the situation than if it was someone else doing it.
    09-20-2010, 12:13 AM
Green Broke
Because I think it's wrong. Period.
    09-20-2010, 08:11 AM
Amba, you are the one who is having a hard time with the agree to disagree theory.

It is shocking that you can not see the difference between someone else, who does not have permission, taking and posting photos of a privately owned horse, and the owner of that horse taking photos and posting them.

Let me give you a hypothetical example. Bob is a crappy photographer and has a strange sense of a good photo. You have Dobbin for sale, with well done professional photos that were hard to get and hand picked in all your sale ads. Dobbin is not the most photogenic horse. A good boy, but does not have the best conformation so you were careful at photos you posted in your ads and what photos you post to friends on the internet BBs you belong to. Bob on the other hand likes to point and shoot and posts albums all over the place with random bad shots of Dobbin in them. He even, at times, labels the photos with "here is a shot of Suzy Q's horse Dobbin in the pasture". People horse shopping do an internet search using Dobbin's name and Bob's photos are right there for them to see, showing off all of Dobbin's faults to an extreme. Instead of checking Dobbin out themselves, horse shopping people assume your nice pro photos are photo shopped and move on to another horse.

Hypothetical example number 2. Mary just finished up with a very nasty divorce. Her X is abusive and had threatened many times to take out his frustration on her horse. Mary moved Star to a nice private facility with just a few boarders on a back road. Not some place her X would ever seen Star. X is trolling various horse web sites looking for her though. Then one of the other boarder's at the facility Mary has Star at posts a bunch of photos. The photos include lots of shots of Star. Mary's X sees them and knows right where Star lives now.

The long and short of it is, why is being polite wrong? If you know the other people that board at your place, ask them before you post photos of their horses.

PS - This is an older thread that was bumped back up.
    09-20-2010, 03:55 PM
Being a photographer myself, I have encountered these situations as well. I respect privacy of others as being morally right. I believe it isn't illegal to photograph from public locations. Each state can vary with their laws though....but generally photographing something without consent isn't illegal at all even with commercial use unless it has a distinguishable face of someone or a trademark. You would then need permission to use such photo with their face or trademark in it.
As far as privacy questions....
A person has a right to privacy that the law protects...

Quoting Wikipedia....

The "expectation of privacy," as a legal concept with a precise definition, is found only in U.S. case law. It is related to, but is not the same thing as a right of privacy, a much broader concept which is found in many legal systems (see privacy law).
There are two types of expectations of privacy:
  • A subjective expectation of privacy is an opinion of a person that a certain location or situation is private. These obviously vary greatly from person to person.
  • An objective, legitimate or reasonable expectation of privacy is an expectation of privacy generally recognized by society.
Examples of places where a person has a reasonable expectation of privacy are person's residence and public places which have been specifically provided by businesses or the public sector to ensure privacy, such as public restrooms, private portions of jailhouses,[1] or a phone booth.[2][3]
In general, one cannot have an expectation of privacy in public places, with the exceptions mentioned above. A well-known example is denial of privacy for garbage left for collection in a public place.[1]
While a person may have a subjective expectation of privacy in his car, it is not always an objective one, unlike a person's home.[4]
The privacy laws of the United States include the notion of a person's "open fields"; that is, places where a person's possessions do not have an objective expectation of privacy

But with all else...why not just ask?

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