Photography And Privacy Laws?

@trickiwoo (2702)
United States
November 24, 2009 7:09pm CST
I work in a dog kennel and day care center. Many of my co-workers enjoy taking photos of their favorite dogs at work using their cell phones. Obviously since these photos are taken with cell phones, they are for non-commercial use. One of our co-workers freaks out whenever he sees anyone doing this. He claims that photographing these dogs violates privacy laws. Additionally, the kennel has a scrapbook in the lobby with photos of the dogs playing in the day care. The co-worker says that this scrapbook is illegal and we could get in a lot of trouble for having it. Does anyone know if my co-worker is right about this?
3 people like this
5 responses
• United States
25 Nov 09
FIRST of all if they are taking pictures of DOGS then it certainly doesnt violate any privacy laws... SECONDLY even if they were taking pictures of other people if they are in a public place then it does not violate privacy laws to take the pictures... IF they were to take a picture of a person and then wanted to publish that pic in a newspaper or say a televison show they would have to get a consent form signed by the person in order to do that or that would violate privacy laws without the consent form...BUT they can be used for personal use such as the scrap book without the consent form providied the scrapbooks are NOT being duplicated and sold... Any time you are in a public place you can take any pics you want.... You can not publish in any way a pic of someone without their consent and you can not go into private areas and take pics of people without their consent.
1 person likes this
@trickiwoo (2702)
• United States
25 Nov 09
I know you can legally take photographs in public, but this isn't in public. It's a privately owned kennel, and the only people who have access to where these photos are being taken are employees. Now, I can see that the kennel owners can legally tell us that we aren't allowed to take pictures inside the kennel, but what I don't know is if the clients who board their dogs in our kennel have any legal ground for us to not photograph their pets.
@ladym33 (10978)
• United States
10 Jan 10
They can photograph them but they can't publish them.
@ladym33 (10978)
• United States
10 Jan 10
There would only be a problem if one of the owners were to have a problem with it and make a big deal. Obviously the pet owners see the book in the waiting area and if the requested that their pets not be placed in there and you place them in there then there could be an issue. Also as long as the cell phone pictures are taken and never placed on line or anything like that there should not be an issue, however, if they were to post a picture of someone's pet on line with out their permission their could be an issue.
@trickiwoo (2702)
• United States
10 Jan 10
If the photos were posted online without the owner's permission, would it be a legal issue? I had a lengthy discussion with a lawyer a few years ago about what is legal when it comes to posting photos online. The lawyer explained that you could legally take someone's photograph and post it online (in your blog, on your website, on a website such as Flickr, etc.) without their permission and without needing a model release. You only needed their permission and/or a signed model release if you were going to sell the photo for commercial use. But it is perfectly legal to post a photo of someone on the internet without their permission. And that's with people!
@ahgong (10064)
• Singapore
26 Nov 09
I didn't know there are privacy laws for dogs as well. If that is the case, I think a lot of us would be in trouble! Cos Taking pictures of birds, cats, dogs, guinea pigs... etc are all illegal! We need to get the animal lawyer to consent their use! Tell your co-worker not to be silly! As long as the dogs are not in any position where they are being tortured or anything like that, there is no harm in taking pictures!
@pyewacket (43903)
• United States
25 Nov 09
Then your co-worker doesn't know his assets from his elbow...LOL. If these photos were commercially published then there might be an issue, but since they seem to be used for private use there shouldn't be a problem, and it's not like the photos posted in the scrapbook is a published item for sale--tell him he doesn't know what the hell he's talking about
1 person likes this
@rina308 (83)
• Philippines
8 Dec 09
If you're in need of legal advice, try visiting bidsfromlawyers.com -- you can post your case there and lawyers registered on the site can bid for your case.
@trickiwoo (2702)
• United States
10 Jan 10
Oh neat! Does it cost anything?