Clear as mud... LOL I would guess you would have a hard time winning a case that a stay at a resort would be considered a "private" event. I suppose you would have a better chance if maybe the entire resort was part of a “takeover” making it somewhat more private? That being said anyone taking a picture, and purposely posting on line to harm someone is extremely D'baggy at best. My contention is though, that scenario is a very small percentage of the total pictures taken. Sure it sucks for that 1-2%, but you don't change rules, or allow "stand your ground" situations to take over, unless you have all the gold, because in the end they make the rules. I have posted a sexy pool pic without permission from those involved before, hope they don't mind.
Thanks John. Similarly building on what you've said ... The answer, as with all things legal, are “it depends.” The biggest things that will determine whether or not someone can be photographed legally: Where the person is at the time you take the picture If they were in a public place, what you intend to do with the photo. If you are in a public place, or a place with no reasonable expectation of privacy (i.e. a sidewalk or perhaps in [moot], 'public areas' at a large Caribbean resort, e.g. beach, poolside or bars/club, but not change rooms, washrooms or suites/bedrooms), you can pretty much take a picture of anyone, unless expressly prohibited with signage posted, guest signed acknowledgement, etc. There are some rules about when a person may not be considered to be in a public place, so your mileage may vary, but in general, if you’re just out in public, you can photograph anyone. States vary on whether or not a particular location is subject to the reasonable expectation of privacy rule. If a person is in a house, but is standing in front of an open window, most states say that this does not constitute a reasonable expectation of privacy, while some do. Perhaps surprisingly, you can also pretty much do whatever you like with that photo (even post it online), assuming you don’t: attempt to sell the picture for profit or commercial purposes (unless, it is for display as 'art', which creates another rabbit hole of debate) or miscategorise the person with the picture, or claim something false about the person (called slander or libel), which causes them demonstrable harm by your categorization of them. Now, all this being said, what does Mexican law have to say about all this. The Captain Obvious answer for being an agreeable person in society is that you need permission. Asking strangers for permission to take their photo is polite and keeps you from upsetting others. A member @Lindilou rightly points out that employers are increasingly scrutinizing what their current and prospective employees do/post online on social networks, etc. both in photos, activity (e.g browser history lol) and commentary. Yep, big brother is watching ... so are those CCTV cameras everywhere. You can no longer scratch your butt without someone somewhere, knowing how many times! It remains impossible to completely and effectively police cell phone usage in public.... we can barely enforce this at the dinner table during family get togethers. Be present. Put the phones away.
Yeah but we have we have moved onto legalize. Watch this Wouldn't the photo policy you sign for when you register give you the expectation of privacy around the pool and bash? Next I'm going to bring up if its a base ball "cap" can you were it to dinner because the policy is no hats. (just poking fun, not trying to piss any one off)
Donald...you have been around long enough you can list by memory the hot button topics in order of precedence. The more things change, the more they stay the same!
There appear to be at least 2 lawyers, would be lawyers, or at least with some education of U.S. and or Canadian law on photos, videos, and use/posting. This is all great and extremely informative. But, are there any Mexican lawyers whom can comment on Mexican law? This for both for Mexican citizens as well as for foreigners...like most of us? And has anyone EVER read what we all sign at check in and understand the TTR written policy? Ans I don’t mean what has been posted via video chat and FB posts by some of the management. More popcorn please!
Absolutely... but the recent, apparent, shift in TTR's own written policy has altered the landscape enough to make it interesting. Well, sort of. I'd like to hear from a Mexican lawyer, too. They do not have (wise/unwise I've got no opinion) a FAR less developed ability to file a lawsuit against someone to recover "damages" in this type of stuff. I bet we get back something like... "Sue for what? Get out of here... we don't do any of that dumb stuff you Americans do down here, it's a waste of time." I think I'd be OK with that.
