Most of the time, if not all the time, when I am out looking for news, I run into someone who has this odd idea that they can't be photographed in public "without their consent".    We usually have the same conversation and I explain that anyone can be photographed in or from public and that no one has an expectation of privacy in a public place.  Usually they leave still not believing me.   So I have posted your frequently, and no so frequently, asked questions here to save me breath if you see me or other journalists in the field. 



1) "You cannot video me in public without my permission!"
That is false.

2) "If you use my image in your video you have to pay me!"
That is false.  

3) "You can't use my image in print or on social media!"
That is also false.  

4) "I do not consent to being recorded in pubic!"
The leave public.  

5) "I'm going to call the cops!".
MOREHEAD CITY PD NON-EMERGENCY NUMBER:  252-726-3131
NEWPORT PD NON-EMERGENCY NUMBER:  252-223-5410
BEAUFORT PD NON-EMERGENCY NUMBER:  252-728-4561
ATLANTIC BEACH PD NON-EMERGENCY NUMBER:  252-726-2911
HAVELOCK PD NON-EMERGENCY NUMBER:  252-447-3212
NEW BERN PD NON-EMERGENCY NUMBER:  252-672-4100
CARTERET COUNTY SHERIFFS OFFICE NON-EMERGENCY NUMBER:  252-728-8400
SWANSBORO PD NON-EMERGENCY NUMBER:  910-326-5151
JACKSONVILLE PD NON-EMERGENCY NUMBER:  910-455-4000
CAPE CARTERET PD NON-EMERGENCY NUMBER:  252-393-2183

6) "The cops will make you stop recording!"
An undeducated officer may try and then the agency will pay me a big pile of money in a Civil Rights lawsuit settlement.  It will be a lot more money than I will ever make earning penny-click revenue on Rumble.  Furthermore, police officers take an oath to uphold the U.S. Constitution and the Constitution of the State of North Carolina.   Any order to "stop recording" in public is an unlawful order.  See an example here:  https://rumble.com/v5piatn-havelock-nc-police-stop-recording.html

7) "I'm going to sue you!"
Go here:  https://www.ncbar.org/public-resources/find-an-nc-lawyer

8) "Why are you recording in public?"
I am a media journalist engaged in a Constitutionally protected activity.

9) "Where did you get your journalist training?"
At the Knight School of Journalism at Massachusetts Institute of Technology (MIT) at Cambridge, MA (https://ksj.mit.edu) and NBCU News Academy in New York, NY.

10) "How do I know you're telling the truth?"
You can confirm my journalist ID # 5894403252150697 here:
https://nbcuacademy.360learning.com/redirect/api/certification/5894403252150697

11) "Will you stop recording me?"
I am not recording you, I am recording public.

12) "Will you delete your video with me in it?"
No.

13) "Why not?"
Rumble videos are "monetized".   I get paid a few pennies each time my agent (Rumble) licenses my video or part thereof to a network. As per the terms of my contract with Rumble, I cannot delete the video once it is licensed to a network.
Plain English:  Once I take their pennies, I can't take back the video.

14) "What gives you the right to record me in public?"
The First Amendment to the United States Constitution, and the North Carolina State Constitution, Section 14.
Well technically, those documents do not "give" me the right.  Rights are given by God.  Those documents affirm those rights are protected.

15) "I'm going to sue you!"
Go here:  https://www.ncbar.org/public-resources/find-an-nc-lawyer

16) But what if I'm picking my nose or scratching my butt in your video?
Don't do that.

17) "I'm still going to sue you!"
Go here:  https://www.ncbar.org/public-resources/find-an-nc-lawyer

18) "Well then, can I buy a copy of your video with  me in it?"
No.  But you can have a copy for free.  Contact me here.

19) "Where can I find more information on photography in public?"
See "The Photographers Right"  by the ACLU of North Carolina here.

20) " If you're earning money on Rumble or YubeTube with videos using my image, it's commercial use."
That is false.   See  Nussenzweig v. diCorcia (2007):   "Selling books or prints of people does not constitute commercial use and thus does not require that person’s permission.  However the images cannot be used to endorse a product."

21) "But shooting video is different than taking a photograph."
Actually not.  I shoot my video in either sixty or thirtty frames per second.  In layman's terms, that means my video camera is taking sixty or thirty still pictures every second. When the video is played back, you are actually seeing 3,600 pictures each second shown consecutively, really fast, giving the illusion that the image is moving.  Thus, there is no legal distinction between "video" or "photograph" in the law.
22) Relevant Documents in PDF format for those interesting in the laws regarding photography in public
North Carolina ACLU pamphlet "The Photographers Right" explains the legality o fphotography in public.
North Carolina ACLU letter, "Photographing Law Enforcement Officers" explains the legality of photographing police.
North Carolina  Statute "The Reporter Shield Law" with definitions.

  
      

 

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