QUESTION

Is it illegal to take a picture of teens that live in the same apartment as me?

Asked on Dec 12th, 2016 on Intellectual Property - California
More details to this question:
I live in a complex apartment with 15 more families, the area is wide. My mom(family) was put to clean up the apartments by the landlord. The other child and teens that also live there always leave a load of trash where they hang out. The amount of trash they leave behind is excecive. We have tried talking to them kindly many times to please clean up after themselves. Once a kid told me that I should pick up(clean) for them because that what I get paid for (referring to my family). He has always been very rude. But that is not the only case, the girls leave the trash on purpose for me to clean up, they even secretly make rude and unkind comments of me. The landlord has "talked to their parents about there rude behaviors and the trash they don't clean up after themselves". When we have asked them if the trash left behind them is theirs but they are always dening it. One thing that proves everything is a visual (picture, video).But they have mentioned its illegal to take pictures of them
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1 ANSWER

Business Litigation Attorney serving Oakland, CA
Partner at Bay Oak Law
3 Awards
1. People in public area may be photographed. There is a limitation on it, in that you cannot use it  to endorse a product or service without their permission (they have a right of publicity), but that isn't an issue here.  You cannot take a picture of them (without their permission) in a place like their home where they have a reasonable expectation of privacy. The Supreme Court has ruled that once someone puts something out in the trash, they are surrendering possession, and you can do what you wish of it, including taking it or taking pictures of it. The best solution is to simply take a picture of the trash itself, and explain where and when it was taken.
Answered on Dec 13th, 2016 at 9:43 AM

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

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