Man wants to to tape daughters recital.

Page 5 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

Modelworks

Lifer
Feb 22, 2007
16,240
7
76
What the school did was illegal . Take them to court he would win. Nobody can engage in any legal contract involving a minor without the parents consent. If you wanted to hang a finger painting on your wall that a child made even with no money changing hands you would have to remove it if the parent requested. Anything of the minor belongs to the guardian. Whether it is finger paintings or a photo.

The problem here is that the father got an attitude with cops. That always will end bad. If the cops are telling you to stop doing something , don't get angry about it. Stop. File a complaint.
 

Moonbeam

Elite Member
Nov 24, 1999
74,762
6,768
126
Originally posted by: Darwin333
Originally posted by: Moonbeam
Originally posted by: MadRat
Moonbeam, are you confusing disorderly conduct with a necessity for courtesy. If someone is interfering with the performance then that is disorderly conduct in most jurisdictions and therefore we don't need new rules to cover it. But requiring common courtesy is awfully elitist and completely ignorant of the white trash folk that come to these events.

I'm not confusing anything, I'm telling you what is and the folk who go to those recitals are ordinary decent American families many of whom can afford a video tape but can't afford a video camera and who get, not only to watch the performance undisturbed by a bunch of hot shot video Daddies angling for the best shots of their children but get, also, to have a professional product to enjoy later. If common courtesy is elitist to you then I figure you are probably the white trash, or some color trash.

You idiots and your libertarian sensibilities are so immature and socially undeveloped, so faux individualistic, that you don't even notice you're a bunch of selfish and petulant little children, like the asshole who found out real quick how the world deals with your stupid self assertion. I me me mine isn't going to the theater to fuck up the experience of other adults trying to enjoy THEIR children because YOU are obsessed with your own. Video them in your own fucking back yard. Your the same bunch of freaking retards that shout 'liar' to the President in Congress, a bunch of cretinous and boorish pigs.

You make a valid point MB but are you really supporting the cops beating the shit out of the guy for doing what he did? IMO, there where 2 assholes in the situation but only one of them is paid by the public to act rationally in situations like that.

I have not addressed the police issue. I addressed the faux entitlement argument presented here by our child libertarians why think they are free to do what ever the hell they please in public space. In every thread where some black guy, or some welfare queen, or some poor person, or some mentally ill person does something to provoke a cop and gets crushed in the process, it's always about how stupid they were to expect the police to treat them with dignity. Everybody knows the police act with overwhelming initial force to nip any retaliation, dangerous for the police and the person being arrested, in the bud. But when the upstanding, but selfish and self centered parent is the object of focus, suddenly the police are crud. May I remind you again that the police are a known entity. Do exactly what they tell you and do it as soon as you are told. They ARE assholes and are trained to be so. They have almost ultimate power. When you train people you train them to respond automatically and without thought. It saves lives and bruises lots of egos.

When you deal with the police you obey or have your head kicked in. Now go over to the Obama is weak thread and watch the children whine that Obama isn't tough like the police. What we have on this board is a bunch of folk who are completely insane. They don't know if they are coming or going.
 

imported_inspire

Senior member
Jun 29, 2006
986
0
0
Originally posted by: Moonbeam
May I remind you again that the police are a known entity. Do exactly what they tell you and do it as soon as you are told. They ARE assholes and are trained to be so. They have almost ultimate power. When you train people you train them to respond automatically and without thought. It saves lives and bruises lots of egos.

When you deal with the police you obey or have your head kicked in. Now go over to the Obama is weak thread and watch the children whine that Obama isn't tough like the police. What we have on this board is a bunch of folk who are completely insane. They don't know if they are coming or going.

Police are trained to enforce the law, mb - that is their mandate, and their authority - that aside, they are ordinary citizens. The man broke no law.
 

shira

Diamond Member
Jan 12, 2005
9,500
6
81
Originally posted by: Modelworks
What the school did was illegal . Take them to court he would win. Nobody can engage in any legal contract involving a minor without the parents consent. If you wanted to hang a finger painting on your wall that a child made even with no money changing hands you would have to remove it if the parent requested. Anything of the minor belongs to the guardian. Whether it is finger paintings or a photo.

The problem here is that the father got an attitude with cops. That always will end bad. If the cops are telling you to stop doing something , don't get angry about it. Stop. File a complaint.

I don't think the issue is a "contract with a minor." The issue is whether school systems have a right to set policy on allowed behaviors on school grounds. Clearly they do (within limits, of course).
 

Theb

Diamond Member
Feb 28, 2006
3,533
9
76
Originally posted by: William Larsen

Federal courts have routinely ruled photography is free speech. A photo is worth a thousand words. In this case, I was not rude. The only ones who said I was rude was the off duty cop who could not answer what law prohibited me from videotaping.

Oh man you asked the police what law you were breaking? You're lucky you weren't seriously injured.

Please update further. I'm curious if anything came of the children not signing releases.
 

AreaCode707

Lifer
Sep 21, 2001
18,447
133
106
Originally posted by: inspire
Originally posted by: Moonbeam
May I remind you again that the police are a known entity. Do exactly what they tell you and do it as soon as you are told. They ARE assholes and are trained to be so. They have almost ultimate power. When you train people you train them to respond automatically and without thought. It saves lives and bruises lots of egos.

When you deal with the police you obey or have your head kicked in. Now go over to the Obama is weak thread and watch the children whine that Obama isn't tough like the police. What we have on this board is a bunch of folk who are completely insane. They don't know if they are coming or going.

Police are trained to enforce the law, mb - that is their mandate, and their authority - that aside, they are ordinary citizens. The man broke no law.

Plus apparently it was an off-duty copy who was a parent at the event who, failing to properly identify himself as police, immediately resorted to physical restraint over dialogue.

The off duty officer was hired by the schoolf or security. He never identified his name, badge numer, did not order me to leave. The assistant principal states that we were not loud, that I only asked questions concerning consent and release. A second off duty officer who was there watching his daughter made the decision to choke me and drage me out. He never identified himself. The four witnesses to the even state it happend in less than two seconds.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
167
111
www.slatebrookfarm.com
Originally posted by: shira
I don't think the issue is a "contract with a minor." The issue is whether school systems have a right to set policy on allowed behaviors on school grounds. Clearly they do (within limits, of course).

Just at a cursory glance at the case, without knowing *all* of the details, it appears that the school is violating several laws, including copyright law. The school that I teach at pays attention to dotting every "i" and crossing every "t" as far as any rules go. We suggested video-taping performances (without banning parents from videotaping performances) and selling the tapes or DVD's for a modest price ($5 each) as a fundraiser for the drama clubs, music clubs, etc.

Absolutely not: it's a very clear copyright violation.

Hell, after audits from NY State, it's become apparent, at least to our school administrators, that they can no longer charge for admission to basketball games, football games, etc. I never looked into the finer details about it, but for some reason, there's no practical way to do so.
 

MadRat

Lifer
Oct 14, 1999
11,999
307
126
Moonbeam talking out of left field on the topic at hand. You once again go 180 degrees against the flow of conventional wisdom. I used to find entertainment from your satirical rants. Now I simply pity you. Seriously, take your medicine.
 

William Larsen

Junior Member
Oct 12, 2009
16
0
0
The security guard did not identify himself as a police officer nor did when requested provide his name or badge number. The second off duty officer who was attending his own daughters performance came up behind me, not identifying himself and just yanked.

We have a problem in the US. If you voluntarily give up your rights, you have no case in court. The question I have is when do you challenge an illegal activity, rule or law? Do you wait for someone else to do it? If so, then no illegal, unlawful law will ever be changed.

I do not have an attitude against anyone. I was simply asking the Assistant principle of the school if they had consent and release forms, he said "I don't know." He then gave two other different replies to follow up questions now insinuating that it was "probably" part of the application to compete signed by the show choir director. When confronted with the law, he told me "If you do not want your daughter videotaped, I suggest you remove your daughter from the competition." He never saw the application to compete. He did not see the videographer contract until six months later.
 

William Larsen

Junior Member
Oct 12, 2009
16
0
0
No body ordered me to leave. The Security guard asked "Will you please leave?" I Said "no, I paid my $8, I going to sit down and watch the show." The assistant principal standing to my left never asked me to leave, he never said I was trespassing, he never said my admission was being revoked. When does asking someone to do something turn into an order?

In the military there are things called lawful orders and unlawful orders. What constitutes an unlawful order? In fact the military goes further and states that if you follow an unlawful order, you are just as guilty as the person who gave you the unlawful order.

A person must follow only lawful orders, period.
 

William Larsen

Junior Member
Oct 12, 2009
16
0
0
Tinker v Des Moines Board of Education 1999. US Supreme Court
You do not leave your first amendment rights at the door step to a school.
 

William Larsen

Junior Member
Oct 12, 2009
16
0
0
Oh man you asked the police what law you were breaking? You're lucky you weren't seriously injured.

Please update further. I'm curious if anything came of the children not signing releases.


First I was very seriously hurt, been in the hospital now four times. Medical bills approaching $70K

Second, no one has signed any type of consent and release, model release or talent release for the sale and distribution of any member of the show choir group. The Videographer knew they needed consent and release to sell, but said no one has ever fussed about it and they leave any rules or enforcement up to the school. It is a catch 22. Who made the rule, the videographer or the school? We still do not know yet. All we know is the school was enforcing a sign that was placed on a door to the gym that stated "No Flash Photography or Videotaping Allowed"

I have provided the defense with the applications to compete in show choir. My daughter's application is signed and the only consent is to allow the "boosters" authorization to post a group photo with my daughter in it on HER schools web site. If not signed, she is photo shopped out. Now clearly, my daughter's school knew of the law and abided by it. The problem is the school where the competition took place did not.
 

William Larsen

Junior Member
Oct 12, 2009
16
0
0
To All:

I came across this discussion by performing a search on my name and some other criteria. I found the amount of activity to be astounding as well as interesting. Two distinct opposing views. My interest is primarily how people react. How many would question the state?s authority given their knowledge of the law and how many would cower under the state?s perceived authority. Even though the discussion was over a year ago, I decided to at least provide some information, not expecting this to lead to anything. So thank you for taking the time to read and write back.

I have asked many people what they would have done. There seems to be two distinct groups: military/veterans and civilians who have never served.

A law suit was filed against the police department and school system as well as three individuals. In addition there were unnamed parties who have not yet been identified. The amount of information I can give is limited due to litigation. Much of it is public and has been shared with the parties in the suit.

My deposition, as well as my wife and daughter?s were taken in the past two weeks. This was the first time my side was told. The newspaper article did not do justice to what happened. The reporter was given the information (theirs and mine), but instead of taking several days to read and get an idea of what happened, proceeded in the course of two hours to write his article. Instead of performing an investigative piece (I thought that was what he was going to do), he wrote an informative article and in so doing, made several errors. My experience is that when speaking with the media they get about 50% of what you say wrong. They will misquote people, use their own words to describe what you say.

So when you read something in the media, about anything that quotes a person saying something, it is most likely at best 50% accurate.

I was always taught to respect the law and police. However, when it becomes so plainly obvious that they are helping to violate copyright laws, personal property rights and both the US and Indiana Constitution, I loose respect for the person, not the position. During the depositions of the off duty officers they were asked if they knew of any law prohibiting videotaping. Both answered no. So what were they doing? The problem is videotaping is invading schools across the country. The most lucrative sales are for elementary Christmas programs.

How much did Northrop make on the contract, $0.00, nada, nothing, zero. I am told they did not sell the minimum of $3,500 in sales and had to make up the difference to the contractor. The contract does not specify any payment Northrop. Reading the contract, the videographer could sell $1 million worth of DVD's and the school would get zero. In most cases schools break even. Some make a couple of bucks where others have to pay the videographer out of their fund raising revenues.

Today's cameras are small. You do not need to stand up, especially in auditoriums. Most people never see my camera. No higher than my chin on a tripod and I zoom into my child's position between those in front of me. The professional video DVD's I have seen are no better in quality and in fact in half the cases are worse quality. Though they cover about 90% of those in the group, they do not get everyone. Many buy a DVD of their child's performance only to learn they are not in the video. In one case a professional videographer had a malfunction and one choir was never recorded.

Best regards,

William Larsen
 

earthman

Golden Member
Oct 16, 1999
1,653
0
71
Mr. Larsen, assuming he is telling the truth (I am not implying he isn't) was treated unfairly and unprofessionally by the police at the event. As is often the case, they over-reacted. I think he has a strong case against them for their behavior, and the school for hiring them, and I hope he wins it. As far as the contract the school made, it sounds ridiculous, and should probably have been vetted by someone with experience in that area. Unfortunately, many parents take no role in seeing what their local schools are up to until an issue like this crops up. As for recording the performances, that is a gray area. The school probably has the right to restrict this activity, by any reasonable interpretation. For example, there are theaters around here that were built partially with my tax money, but I can't go in and record a play because of that fact, even if my daughter might be performing. This is really a separate issue from the video contract. Any organization running a public performance, whether or not it is a public institution, has the right to lay down ground rules governing them. Creating a dispute at the venue is not the way to address this.

And I'll keep my Social Security, such as it is, thank you very much.
 

Shallok

Member
Jul 12, 2005
38
0
0
Originally posted by: Modelworks
What the school did was illegal . Take them to court he would win. Nobody can engage in any legal contract involving a minor without the parents consent. If you wanted to hang a finger painting on your wall that a child made even with no money changing hands you would have to remove it if the parent requested. Anything of the minor belongs to the guardian. Whether it is finger paintings or a photo.


Minors can enter into contracts without their parent's consent and they do so all the time. The caveat to a contract with a minor is that the minor can void the contract at will (most contracts). Minors can also apply for their own copyrights, but states may have their regulations that need to be addressed for it to be valid. So, someone can, in fact, buy a painting that child made without the legal guardians being involved, but the minor could later void the contract and reclaim the painting--again, depending on state law.
 

Arkaign

Lifer
Oct 27, 2006
20,736
1,379
126
Fascinating.

Welcome to AT Mr. Larsen, I hope you stay around to contribute to other threads. It's indeed somewhat epic to have the subject of a news item come to discuss the details of said event with all of us.
 

FaaR

Golden Member
Dec 28, 2007
1,056
412
136
Mr. Larsen,
In case you're actively following this thread and reading it, I hope you're not discouraged by the many negative - and often rude, and/or belligerent - posters here. Unfortunately, young people today are not well-known for good online manners and respectful behavior.

My own observations in this and many other similar matters is that the United States is an incredibly un-free society. Something similar to what you experienced could never happen where I live - in fact a school would be prohibited by law to charge any money whatsoever or hire a for-profit company to have exclusive taping rights, and nobody would ever get the idea to try and restrict parents from taping their kids. It just wouldn't happen.

In fact, there wouldn't even BE a security guard at a similar venue that could assault non-compliant "offenders". Why would you need one, is a riot expected to break out in the audience, or could the children perhaps go on a murderous rampage unless a rentacop is present? I'm deeply puzzled by all this!

Personally I believe - and this is my non-scientific opinions - this all roots in that the U.S. is a very authoritarian society. One only has to look at your nation's history, born out of genocide, deceit land theft, and involvement in countless military conflicts. School children pledge their allegiance to the flag; holy crap! What IS that??? And then there's a general appeal to authority and worship of the principle that might makes right permeating much of American culture; pretty much any random Hollywood action hero is a good example of that. :p Many posts in this thread boils down to as much when you look at them closely. "He didn't do as he was told - serves the bastard right" is pretty much the sentiment of a number of them.

Doesn't give a foreigner like me a very good impression of 'the land of the free'...
 

William Larsen

Junior Member
Oct 12, 2009
16
0
0
Earthman "And I'll keep my Social Security, such as it is, thank you very much."

For those born after 1985 the best you can do is to receive 29 cents in benefits for each dollar paid in taxes plus credited interest at the US Treasury rate. For those who were born in 1938, that cohort will receive $1 in benefits for each dollar of SS-OASI taxes including interest at the US Treasury Rate.

If they raise taxes to pay promised benefits, then those people working will pay more for the same promised benefit, still 29 cents for each dollar. If they raise the retirement age then those working will pay more for longer for fewer years worth of benefits, but will receive the yearly promised benefit, but still only 29 cents for each dollar. If they cut benefits, keep the tax rate and retirement age the same, they will receive less, but still only 29 cents for each dollar. no matter how you slice it, dice it, or cut it, you cannot get something from nothing.

A. J. Altmeyer, Chairman
Social Security Board Before the House Ways and Means Committee November 27, 1944

?There is no question that the benefits promised under the present Federal old-age and survivors insurance system will cost far more than the 2 percent of payrolls now being collected. As I pointed out in my testimony of last year, none of the actuarial estimates which have been made on the basis of present economic conditions and other factors now clearly discernible result in a level annual cost of this insurance system of less than 4 percent of payroll.?

?Indeed, under certain assumptions the level annual cost has been estimated to be as much as 7 percent of payrolls. On the basis of a 4-percent-level annual cost it may be said that the reserve fund of this system already has a deficit of $6,600 million. On the basis of 7-percent-level annual cost it may be said that the reserve fund already has a deficit of about $16,500 million.?

http://www.ssa.gov/history/aja1144a.html

Robert Ball
Commissioner of Social Security
1962 and 1973,Wrote June 2005

?When Social Security began, benefits for those nearing retirement age were much higher than could have been paid for by the contributions of those workers and their employers. This was done so that the program could begin paying meaningful benefits even though workers nearing retirement would have only a short time to contribute.?
?Instead, the impression is left that the program was sound only when 16 paid in for every one taking out. Thus, of course, when the ratio changed to 3.3 to 1, the program became ?unsustainable.?

?They ignore the fact that in 1950 only about 15 percent of the elderly were eligible for benefits and that it was expected by all who were acquainted with the program that the ratio would, of course, change dramatically as a greater proportion of the elderly became beneficiaries.?

?What in fact happened is that when just about all the elderly first became eligible for Social Security benefits, about 1975, the ratio was 3.3 contributors to each beneficiary and the ratio has stayed that way for the past 30 years. As the baby boom reaches retirement age, as the administration says, the ratio is expected to drop for the long run to 2.0 or 1.9 workers to each retiree. But that is the size of the problem - a drop from 3.3 to 2 workers per retiree.?

http://www.tcf.org/Publication...tSecurity/ballplan.pdf

http://www.justsayno.50megs.com
 

William Larsen

Junior Member
Oct 12, 2009
16
0
0
As for recording the performances, that is a gray area. The school probably has the right to restrict this activity, by any reasonable interpretation.

Actually the school can infringe on free speech, but when it does, it must do so equally and fairly. If they allow one entity to videotape or photograph, they must allow all the same free speech right.

It is similar to yard signs. A local government may ban these signs from public right of ways, but when it does so, it must ban all signs. Our local area banned all signs to get rid of political signs, but that has created problems for those such as churches, Boy Scouts, Girl Scouts, Garage sales and realator signs that provide direction.

What would you do if you were a Yellowstone National Park taking a photo of old faithful and a park ranger told you, you can't take photos or video in the park? Extend this to the national mall in DC, your local park, on public side walks? Free speech includes photography. The courts have upheld the right of people to photograph or videotape anything that can be seen on public property (excluding military installations). There are cases involving videotaping in New York public schools.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Originally posted by: Thump553
This thread should be more correctly titled: Obnoxious crank tries to impose his own perception of rules on society, goes to jail.

Sorry but I have absolutely no sympathy for that clown. He knew the rules prohibited him taping. There's a valid reason for this-it's extremely disruptive to have scads of parents blocking the isles and views trying to videotape their little darlings. Instead the school had one permitted taper, and you could obtain a tape from them.

So this jerk's response is to make a complete spectacle of himself and cause violence. What a spoiled brat-and I don't mean the child.

total bullshit. i have 3 kids and have taped many of their school "things" and have NEVER seen any parent stand in the isle. people with video equipment are always in the back out of everybody's way and NOT blocking anybody's view.

If my kids school told me i could not tape their performance and i had to BUY it i would probably be in jail as well.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Originally posted by: ultra laser
LOL @ Americans. You guys can't even film your kids dancing at school! And you think you're free! Hahahahahaha

this is a profound statement.
 

shira

Diamond Member
Jan 12, 2005
9,500
6
81
Originally posted by: DrPizza
Originally posted by: shira
I don't think the issue is a "contract with a minor." The issue is whether school systems have a right to set policy on allowed behaviors on school grounds. Clearly they do (within limits, of course).

Just at a cursory glance at the case, without knowing *all* of the details, it appears that the school is violating several laws, including copyright law. The school that I teach at pays attention to dotting every "i" and crossing every "t" as far as any rules go. We suggested video-taping performances (without banning parents from videotaping performances) and selling the tapes or DVD's for a modest price ($5 each) as a fundraiser for the drama clubs, music clubs, etc.

Absolutely not: it's a very clear copyright violation.

Hell, after audits from NY State, it's become apparent, at least to our school administrators, that they can no longer charge for admission to basketball games, football games, etc. I never looked into the finer details about it, but for some reason, there's no practical way to do so.

Something seems "off" here. Schools charge for yearbooks, which are the product of the labor of students. I was the editor of my HS yearbook, and none of those on the yearbook staff were asked to sign a release. Similarly, there are all sorts of extracurricular school activities that aren't covered by the normal school budget. Typically, funds are raised in other ways, such as use fees, ticket sales, car washes, bake sales, etc. I'm not aware of anyone whose labor supports these revenue streams being asked to sign releases.

I'm not saying I don't believe your own experience in NY, but clearly the laws and their interpretations aren't the same everywhere.