| 1)
"Are you one of those First Amendment auditors?" |
|
I shoot video
in
public of local places/events. If a Karen, Daren or dummy police
officer comes up to me while I'm shooting video and embarasses
themselves
then I record them too. If you came here looking for First
Amendment auditor videos you'll more than likely find my content
pretty boring.
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| 2)
"Why do you wear that body armor? You look like military/cops."
|
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Firstly,
It's not body armor, it's a plate carrier (I dont carry the
plates). I wear it because the admin pouch system allows me to
carry my spare batteries, 2-meter radio, misc. power cables for my
video equipment, extra SD cards, business cards, press credentials,
pens, notepad, hand grenades (just kidding), and backup power banks
conveniently and easily accessible on my torso. Even still, I
don't have enough pockets for all the gear I need for news reporting.
Secondly, my plate carrier has PRESS on the back in huge 3-inch
letters, and PRESS on the front along with my name tag. Most
people aren't educated on photography in public, so when they see
PRESS, they sometimes don't call the police to report "suspicious guy
with a camera recording in public". And when the cops do respond
to
the "suspicious guy with a camera recording in public" call for
service, the ones with an IQ over 35 understand what I'm doing and know
that taking video in public is an activity protected by the United
States Constitution, Constitution of the State of North Carolina, and
the several relevant United States Supreme Court rulings. Only
the thugs with a badge who enjoy harassing citizens bother to do more
than stop and say "hi" or ride by in their car and wave.
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| 3) "Do you ever get hassled by the fuzz?"
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Only by the
poorly
trained ones and the thug ones.
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| 4) "You cannot video
me in public without my permission!" |
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That
is false.
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| 5) "If you use my image in your video you
have to pay me!" |
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That
is also false.
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| 6) "You can't use my image in print or on
social media!" |
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That
is false, too.
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| 7) "I do not consent to being recorded in
public!" |
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Then
leave public.
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| 8) "I'm going to call the cops!" |
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MOREHEAD
CITY PD: 252-726-3131
NEWPORT PD: 252-223-5410
BEAUFORT PD: 252-728-4561
ATLANTIC BEACH PD: 252-726-2911
HAVELOCK PD: 252-447-3212
NEW BERN PD: 252-672-4100
CARTERET COUNTY SHERIFF: 252-728-8400
SWANSBORO PD: 910-326-5151
JACKSONVILLE PD: 910-455-4000
CAPE CARTERET PD: 252-393-2183
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| 9) "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 Federal Civil Rights lawsuit settlement.
It will
be a
lot more money than I will ever make earning penny-click revenue on
social media. Furthermore, NC police officers take an oath to
uphold
the Laws of the State (Article II, § 11‑11 "Oaths of Office") and thus,
cannot issue a lawful order that conflicts with the
U.S. and State of North Carolina Constitutions. An order that
conflicts with the U.S. Constitution or North Carolina Constitution is
an unlawful order. For
any order from a police officer to be lawful,
it must be legal under, and supported by, the law.
|
| 10) "I'm going to sue you!" |
|
Go
here: https://www.ncbar.org/public-resources/find-an-nc-lawyer
|
| 11) "Why are you recording in public?" |
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I
am a media journalist engaged in a Constitutionally protected activity.
|
| 12) "Where did you get your journalist
training?" |
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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.
|
| 13) "How do I know you're telling the
truth?" |
|
Southern
Outer Banks News, Inc. is a non-profit media corporation redistered in the
State of North Carolina. You can confirm my journalist ID #
5894403252150697 and relevant documents on my Resoures page. Southern Outer
Banks News, Inc. is also verifiable on the NC
Secretary of State website.
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| 14) "Stop recording me!" |
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I
am not recording you, I am recording public.
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| 15) "Will you delete your video with me in
it?" |
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No.
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| 16) "Why not?" |
|
Rumble
and YubeTube 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.
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| 17) "What gives you the right to record me
in public?" |
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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 by the courts.
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| 18) "I'm going to sue you!" |
|
Go
here: https://www.ncbar.org/public-resources/find-an-nc-lawyer
|
| 19) But what if I'm picking my nose or
scratching my butt in your video? |
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Don't
do that.
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| 20) "I'm still going to sue you!" |
|
Go
here: https://www.ncbar.org/public-resources/find-an-nc-lawyer
|
| 21) "Well then, can I buy a copy of your
video with me in it?" |
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No.
But you can have a copy for free. Contact
me here.
|
| 22) "Where can I find more information on
photography in public?" |
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See
"The Photographers Right" by
Attorney Bert P. Krages, "Right to
Video" by the North Carolina ACLU,
and The North Carolina Reporter Shield Law (NCGS 8-53.11), with
definitions, all on my Resoures
page
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| 23) "You're earning money 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."
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| 24)
"I don't like being recorded in public." |
|
The average
person is recorded on video in public approximately 120 times in a
normal day. You are being recorded by vehicle dash cams, store
surveillance cameras, people with phones, traffic cams, Ring
doorbell
cameras, drone cameras, bank ATM
cameras, vending machine cameras, Flock
cameras, and when
you call the cops for a guy harmlessly recording in public, the cops are
recording you on their bodycams, too. Welcome to the 21st
century.
Find Flock cameras in your
neighborhood
by clicking here.
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| 25) "But shooting video is different than
taking a photograph." |
|
Actually
not. I shoot my video in either sixty or thirty 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" and
"photograph" in the law. A video is simply a whole lot of photographs.
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| 26)
"You need a model release to photograph/video me!" |
|
A photographer does not need a model
release if:
- The person in the photo isn’t identifiable.
- The
photo is being used for news, blogs,
or educational purposes.
- The photo is for personal use, like family
albums or private sharing, or
- The
photo is taken in a public place where
people typically don't expect privacy.
However, a model release is required:
- When using photos of someone to advertise, or
- When using photos in a way that looks like
the model is endorsing your
product or business.
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