How to recover a photo I was forced to delete

On 2014-06-05 20:18:57 +0000, Savageduck said:

On 2014-06-05 19:36:19 +0000, PeterN said:

On 6/5/2014 11:00 AM, Savageduck wrote:


snip


Provided you haven't overwritten or formatted the card, recovery might
be possiblity. A search for photo recovery software will reveal a whole
bunch of options. Your problem is going to be finding one which runs on
Linux. The other is any thing else you might have done with your phone
which wrote to the SD card.
http://bit.ly/1kN95Tn


That's not the law in NY. With certain exceptions, I have an absolute
right to photograph anything in plain sight, even if it is on private
property.

Agreed, but what if you are standing on that private property while
photographing those targets in plain sight. You can shoot at whatever
from public property bordering on that private property if it is in
plain sight, but once you cross that threshold it becomes a different
question. I suspect the OP was on private property, and if he had
continued to take photographs while on that property he could well be
excluded as a trespasser.

There are definite legal restrictions on what I am permitted to do with
my image. But, that should not be confused with my right to take the
picture.

He has no implied right to photograph while he is standing on private
property without the approval of the property owner or proprietor. Move
back onto the public sidewalk, and if his target is still in plain
sight, there is no argument. Then he can shoot to his heart's content.

BTW: having to delete they image is another issue and he should not
have had to do that. In the worst case scenario email it to yourself
first.

--
Regards,

Savageduck

On 05/06/2014 20:36, PeterN wrote:
On 6/5/2014 11:00 AM, Savageduck wrote:


snip


Provided you haven't overwritten or formatted the card, recovery might
be possiblity. A search for photo recovery software will reveal a whole
bunch of options. Your problem is going to be finding one which runs on
Linux. The other is any thing else you might have done with your phone
which wrote to the SD card.
http://bit.ly/1kN95Tn


That's not the law in NY. With certain exceptions, I have an absolute
right to photograph anything in plain sight, even if it is on private
property. There are definite legal restrictions on what I am permitted
to do with my image. But, that should not be confused with my right to
take the picture.

I think you will find that if you are *stood* on private land (usually
marked with studs in the ground if there is a boundary) then the
landowner gets to make the rules even if he allows the public to walk
over the land or there are rights of way across. The right of way when
it is over private land does not automatically grant you the right to
take a photograph. You have to be quite careful about this in the UK if
you are taking images that might have a commercial value.

All bets are off if you take a photograph on marked private land and
then try to use it in an advertising campaign as Refuge Assurance once
learnt to their cost. Basically an entire campaign had to be shredded
when the rich landowner aggressively enforced his absolute rights.

--
Regards,
Martin Brown

On 6/5/2014 4:18 PM, Savageduck wrote:
On 2014-06-05 19:36:19 +0000, PeterN said:

On 6/5/2014 11:00 AM, Savageduck wrote:


snip


Provided you haven't overwritten or formatted the card, recovery might
be possiblity. A search for photo recovery software will reveal a whole
bunch of options. Your problem is going to be finding one which runs on
Linux. The other is any thing else you might have done with your phone
which wrote to the SD card.
http://bit.ly/1kN95Tn


That's not the law in NY. With certain exceptions, I have an absolute
right to photograph anything in plain sight, even if it is on private
property.

Agreed, but what if you are standing on that private property while
photographing those targets in plain sight. You can shoot at whatever
from public property bordering on that private property if it is in
plain sight, but once you cross that threshold it becomes a different
question. I suspect the OP was on private property, and if he had
continued to take photographs while on that property he could well be
excluded as a trespasser.

There are definite legal restrictions on what I am permitted to do
with my image. But, that should not be confused with my right to take
the picture.

He has no implied right to photograph while he is standing on private
property without the approval of the property owner or proprietor. Move
back onto the public sidewalk, and if his target is still in plain
sight, there is no argument. Then he can shoot to his heart's content.



WRO photography, the owner of the property can place any conditions on
permitting the OP to be present on the property. I doubt the owner had
any legal right to force deletion of photographs.


--
PeterN

On 6/5/2014 4:22 PM, Savageduck wrote:
On 2014-06-05 20:18:57 +0000, Savageduck
said:

On 2014-06-05 19:36:19 +0000, PeterN said:

On 6/5/2014 11:00 AM, Savageduck wrote:


snip


Provided you haven't overwritten or formatted the card, recovery might
be possiblity. A search for photo recovery software will reveal a whole
bunch of options. Your problem is going to be finding one which runs on
Linux. The other is any thing else you might have done with your phone
which wrote to the SD card.
http://bit.ly/1kN95Tn


That's not the law in NY. With certain exceptions, I have an absolute
right to photograph anything in plain sight, even if it is on private
property.

Agreed, but what if you are standing on that private property while
photographing those targets in plain sight. You can shoot at whatever
from public property bordering on that private property if it is in
plain sight, but once you cross that threshold it becomes a different
question. I suspect the OP was on private property, and if he had
continued to take photographs while on that property he could well be
excluded as a trespasser.

There are definite legal restrictions on what I am permitted to do
with my image. But, that should not be confused with my right to take
the picture.

He has no implied right to photograph while he is standing on private
property without the approval of the property owner or proprietor.
Move back onto the public sidewalk, and if his target is still in
plain sight, there is no argument. Then he can shoot to his heart's
content.

BTW: having to delete they image is another issue and he should not have
had to do that. In the worst case scenario email it to yourself first.


Yup

--
PeterN

In article 2014060513221695524-savageduck1@REMOVESPAMmecom,
Savageduck wrote:

BTW: having to delete they image is another issue and he should not
have had to do that. In the worst case scenario email it to yourself
first.

cloud sync

In article , Martin Brown
wrote:

That's not the law in NY. With certain exceptions, I have an absolute
right to photograph anything in plain sight, even if it is on private
property. There are definite legal restrictions on what I am permitted
to do with my image. But, that should not be confused with my right to
take the picture.

I think you will find that if you are *stood* on private land (usually
marked with studs in the ground if there is a boundary) then the
landowner gets to make the rules even if he allows the public to walk
over the land or there are rights of way across. The right of way when
it is over private land does not automatically grant you the right to
take a photograph. You have to be quite careful about this in the UK if
you are taking images that might have a commercial value.

All bets are off if you take a photograph on marked private land and
then try to use it in an advertising campaign as Refuge Assurance once
learnt to their cost. Basically an entire campaign had to be shredded
when the rich landowner aggressively enforced his absolute rights.

that's *use* of a photo, not the act of taking a photo. this isn't
about someone taking a photo to be used in an ad campaign.

there may be trespass issues with wandering onto someone elses property
but that's not the issue here. the person was at a place that is open
to the public so therefore he is not trespassing unless they tell him
to leave and he doesn't.

unless photography is prohibited where he was, which i highly doubt,
then he is not violating anything by taking photos of anything in plain
sight.

he said he saw something inappropriate and photographed it. they
obviously agreed it was inappropriate or else they would not have asked
him to delete it.

at this point, he should hire an attorney and take legal action.

In article 2014060513185788780-savageduck1@REMOVESPAMmecom,
Savageduck wrote:

That's not the law in NY. With certain exceptions, I have an absolute
right to photograph anything in plain sight, even if it is on private
property.

Agreed, but what if you are standing on that private property while
photographing those targets in plain sight. You can shoot at whatever
from public property bordering on that private property if it is in
plain sight, but once you cross that threshold it becomes a different
question. I suspect the OP was on private property, and if he had
continued to take photographs while on that property he could well be
excluded as a trespasser.

the property owner can ask the person to leave and if he doesn't,
that's trespass, however, he was somewhere that was open to the public.
it's not like he wandered into someone's backyard and started taking
photos. he had every right to be at the smog station and in fact, he is
legally required to go there every so often.

under no circumstances can they make someone delete anything or even
look at what was photographed. they can certainly ask, and you can (and
should) say 'no'.

There are definite legal restrictions on what I am permitted to do with
my image. But, that should not be confused with my right to take the
picture.

He has no implied right to photograph while he is standing on private
property without the approval of the property owner or proprietor. Move
back onto the public sidewalk, and if his target is still in plain
sight, there is no argument. Then he can shoot to his heart's content.

incorrect.

absent any prohibition, such as a sign that says 'the taking of photos,
with or without flash, are prohibited', as is common in theaters or
museums, then he can take photos (unless it's in the bathroom or
somewhere where people expect privacy).

On 6/5/2014 4:26 PM, Martin Brown wrote:
On 05/06/2014 20:36, PeterN wrote:
On 6/5/2014 11:00 AM, Savageduck wrote:


snip


Provided you haven't overwritten or formatted the card, recovery might
be possiblity. A search for photo recovery software will reveal a whole
bunch of options. Your problem is going to be finding one which runs on
Linux. The other is any thing else you might have done with your phone
which wrote to the SD card.
http://bit.ly/1kN95Tn


That's not the law in NY. With certain exceptions, I have an absolute
right to photograph anything in plain sight, even if it is on private
property. There are definite legal restrictions on what I am permitted
to do with my image. But, that should not be confused with my right to
take the picture.

I think you will find that if you are *stood* on private land (usually
marked with studs in the ground if there is a boundary) then the
landowner gets to make the rules even if he allows the public to walk
over the land or there are rights of way across. The right of way when
it is over private land does not automatically grant you the right to
take a photograph. You have to be quite careful about this in the UK if
you are taking images that might have a commercial value.

All bets are off if you take a photograph on marked private land and
then try to use it in an advertising campaign as Refuge Assurance once
learnt to their cost. Basically an entire campaign had to be shredded
when the rich landowner aggressively enforced his absolute rights.


that is a different altogether. I am not famoiliar with the law in GB.
But in most States in the US, If I take your picture when we are both in
a public place and use it for advertising without your written consent,
I can be subject to civil penalties.

--
PeterN

In article , PeterN
wrote:

All bets are off if you take a photograph on marked private land and
then try to use it in an advertising campaign as Refuge Assurance once
learnt to their cost. Basically an entire campaign had to be shredded
when the rich landowner aggressively enforced his absolute rights.


that is a different altogether. I am not famoiliar with the law in GB.
But in most States in the US, If I take your picture when we are both in
a public place and use it for advertising without your written consent,
I can be subject to civil penalties.

if the person is recognizable yes.

for a crowd shot, no.

but this wasn't about an ad. it was an inappropriate action that
clearly was inappropriate or they wouldn't have 'made' him delete it.

On 2014.06.05, 09:50 , Silent Knight wrote:
I took a picture at the bar referee smog station of what I consider
an inappropriate action but the employee there made me delete it
in his presence because, he said, it's against bar policy.

I want to complain to the California BAR but I want that picture
back. It's an Android 4.3 Samsung Galaxy S3 with an SD card.

I used the default "Camera" app.
I have Ubuntu linux.

Is there a way to get the photo back?

Various recovery apps will do that assuming you have a card reader.

Sandisk RescuePro is one (Windows, Mac).

There are others. Doesn't care what's on the card. It will sniff out
photos (or other docs by general type).

--
I was born a 1%er - I'm just more equal than the rest.