Photography law while not photographing

[catjones 1,658]

Don't feel too bad.  Van Gogh had a similar problem in Provence.  He was called out by a woman sitting outside the bar he was sketching.  They ran him out of town.

 

 

[lunaCH 972]

2 hours ago, catjones said:

No, it actually is ridiculous.  Everything about this is ridiculous.

The screaming perhaps was. For the rest I have to disagree. Getting the Police involved is not ridiculous, it was clearly justified. Having been a victim recently of a camera being placed on our plot filming our property I know how people can feel in this situation.

2 hours ago, Ludwig13 said:

Every time I get a new lens, I go to the balcony and shoot random objects to do micro adjustments. I've been here three years and never a word. I started parking on the street. Three weeks later...Bammmmmm...lawsuit. 

Just because you've done something for 3 years with no issues, doesn't however mean to say that it will always be alright with everyone.

2 hours ago, Ludwig13 said:

The woman owner meets, greets, serves and collects money all with her mask only over her mouth. She literally...and I kid not...literally pulls her mask off her face to talk and take money. That would be my worry; a covid germ from an uncovered mouth which deals with over 100 customers/strangers a day. And yet they continue to come. Obviously a fear of privacy violation supercedes health. 

Not really my concern because I do not patronize the place. However, one of the daughters and her husband live above us and they work over there too. We are very safe. I sanitize the door handles and wear a mask in the stairway. Too many risks.

None of this has anything to do with the camera issue however. If you feel the woman is committing a criminal offence you have the possibility of reporting her. 

[snowingagain 5,204]

3 hours ago, Ludwig13 said:

If I pop a hard-on at the spa,(cold water shock...lol) are all the women going to scream rape?

 

This is also well weird, and nothing to do with what is going on.  Beginning to think you have a thing about screaming women.

[catjones 1,658]

59 minutes ago, lunaCH said:

Getting the Police involved is not ridiculous, it was clearly justified. 

 

So, based on a simple, one-sided description of an event, you come to the conclusion that calling the cops was 'clearly justified'?  You sound as nutty as the screaming woman and, i'm guessing, the cops in your town know you by name.

 

 

[Ludwig13 36]

35 minutes ago, snowingagain said:

 

This is also well weird, and nothing to do with what is going on.  Beginning to think you have a thing about screaming women.

Sorry...I'm a bit peeved and forgot to use my sarcasm font.

[Ludwig13 36]

1 hour ago, lunaCH said:

The screaming perhaps was. For the rest I have to disagree. Getting the Police involved is not ridiculous, it was clearly justified. Having been a victim recently of a camera being placed on our plot filming our property I know how people can feel in this situation.

Just because you've done something for 3 years with no issues, doesn't however mean to say that it will always be alright with everyone.

None of this has anything to do with the camera issue however. If you feel the woman is committing a criminal offence you have the possibility of reporting her. 

Obviously you think your experience is a blanket summary and all things legal are black and white. Well, German law is very gray and not every incident is handled the same way. I hope you have your resolve. I am trying to get mine and I am a bit frustrated so yes, I will rant about trivial issues along with the matter at hand because I need an outlet. Feel free to leave this thread if what is being said doesn't feel good to you. 

[lunaCH 972]

10 minutes ago, catjones said:

i'm guessing, the cops in your town know you by name.

Considering I've been in constant phone and email contact with them over the last few months due to what our neighbour has done to us, yes they do.  

[lunaCH 972]

3 minutes ago, Ludwig13 said:

Obviously you think your experience is a blanket summary and all things legal are black and white.

No, I don't think that.

4 minutes ago, Ludwig13 said:

not every incident is handled the same way.

I know this.

4 minutes ago, Ludwig13 said:

I hope you have your resolve.

Thank you. I hope you do too.

5 minutes ago, Ludwig13 said:

 if what is being said doesn't feel good to you. 

I never said that as it is not the case. 

[snowingagain 5,204]

Think you need to chill a bit and work out if this really important.  It seems like it would have been so easy just to move the camera on its tripod a foot away from the window or so,  if it was annoying people and making them feel they were being watched.

[Ludwig13 36]

50 minutes ago, snowingagain said:

Think you need to chill a bit and work out if this really important.  It seems like it would have been so easy just to move the camera on its tripod a foot away from the window or so,  if it was annoying people and making them feel they were being watched.

True. At the time I was convinced I was doing nothing wrong. 

[catjones 1,658]

are you looking at me thru the TT peephole?  somebody call the cops!

 

 

[sanjay050284 47]

I have a feeling that the landlord wants you out of the apartment and is looking for ways to make you feel uncomfortable. 

 

In any case then using a smart phone should also be a crime. People could be taking pictures with the camera on the phone

[Ludwig13 36]

27 minutes ago, sanjay050284 said:

I have a feeling that the landlord wants you out of the apartment and is looking for ways to make you feel uncomfortable. 

 

It's not that they want us out, they want us to conform to what they say. It took us three years to get them to finally fix the sewer smell coming out of the rotted pipes. It took six months for them to fix the parking area. (still not that great) but anything they want from us, it has to be immediately. To avoid being off topic, I would rather not discuss all the issues. The issue at hand is the camera being visible from their property.

[lunaCH 972]

15 minutes ago, Ludwig13 said:

three years to get them to finally fix the sewer smell coming out of the rotted pipes.

  Where were these pipes exactly?

[Ludwig13 36]

1 hour ago, lunaCH said:

  Where were these pipes exactly?

Under cobblestones in the driveway. They replaced the pipes. 20 meters from the back of the house to the street. Our entrance is in the back of the house so we walk the driveway every day and night. The smell was horrific but now it's gone. That driveway is now for bicycle parking for their customers. Again, off topic so I'll stop there.

[DoubleDTown 388]

23 hours ago, Ludwig13 said:

There is a written law that states a camera can not be directed toward a person or property whether operable or not.

 

23 hours ago, snowingagain said:

 

This seems to be true.  For example dummy security cameras are not allowed to be point outside your property.

 

Given Germany's privacy obsession, I can believe this.  But I am curious to know the law.  Do you have a Gesetz section for it?

[lunaCH 972]

4 hours ago, Ludwig13 said:

Under cobblestones in the driveway. They replaced the pipes. 20 meters from the back of the house to the street. Our entrance is in the back of the house so we walk the driveway every day and night. The smell was horrific but now it's gone.

The reason I asked is because the smell can also come from the drains in the roads and pavements and I wondered if these pipes you mentioned were also, even partially, on public land - in which case it would have been a municipal issue also, which obviously causes delays as works need to be approved. 

Half of our street's pipes have just recently been replaced as they were old and in bad shape. They had to dig up the whole street to do it. 

The second half of the street was due to be done, but corona saw that they now have to wait until next year. I know in one area that is seeing the delay also had smells as a problem.  

[alderhill 1,089]

From a distance, it's quite possible that all they could make out was a blackish camera-shaped object on a tripod, seeming to point in their direction. I can understand their concern, although I agree (them) lawyering up over this sounds to me ridiculous. Still, easy enough to move it a metre out of the way, non? 

 

What reeks to me is the demand of 1000€ plus fees. And how many times I've heard Germans going on about Americans suing over everything... Oh well, you'll have to decide if it's worth also lawyering up to get this cleared. It's more locking horns over principle than euros now, since you will lose cash either way. (Can you get the insurance to reconsider over the possibly false accusations?)

 

Is it too late to (tail between legs, pride firmly swallowed) just talk to the landlords and ask them to withdraw/settle (though they've already opened the bottomless billing pit with their lawyer), since this is a clear misunderstanding...? Not saying you should grovel, just try to mend fences. In the meantime, pursue that police officer's statements.

 

I too would be curious about which law exactly covers this, because I agree it sounds absurd. An out-of-use DSLR 'standing in the corner' is not the same as a fake CC security cam pointing at a door. Surely.

[fraufruit 41,959]

I just can't grasp who is fining you? You haven't cost anybody anything or caused any damage.

[Ludwig13 36]

4 hours ago, DoubleDTown said:

 

 

Given Germany's privacy obsession, I can believe this.  But I am curious to know the law.  Do you have a Gesetz section for it?

I have not been able to find an exact § law pertaining to this. That was the hope of getting an attorney involved who knows the law much better than I.