Saturday, May 3, 2008

Know Your Photographic Rights

A while back I read at this excellent article that I decided transcribe and to share with all of you.

It talks about your photography rights while on the street taking pictures.

By the way do you know what rights you have while on the street taking some photos?

Download "The Photographer’s Right" in PDF format by Attorney Law Bert P. Krages. Print it and keep it always with you, on your bag and near your camera, so in case of any doubt you know what you can count for.

I made a transcription of the best 10 for you in hope they could be helpful for you and you may need to use them one day, you'll never know when the Police or Security are peeking ;)

1. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.

2. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.

3. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.

4. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.

5. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.

6. The following can almost always be photographed from public places, despite popular opinion:

* accident & fire scenes, criminal activities
* bridges & other infrastructure, transportation facilities (i.e. airports)
* industrial facilities, Superfund sites
* public utilities, residential & commercial buildings
* children, celebrities, law enforcement officers
* UFOs, the Loch Ness Monster, Chuck Norris

7. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.

8. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)

9. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.

10. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.

What To Do If You’re Confronted
* Be respectful and polite. Use good judgement and don’t escalate the situation.
* If the person becomes combative or difficult, think about calling the police.
* Threats, detention, and taking your camera are all grounds for legal or civil actions on your part. Be sure to get the person’s name, employer, and what legal grounds they claim for their actions.
* If you don’t want to involve the authorities, go above the person’s head to their supervisor or their company’s public relations department.
* Call your local TV and radio stations and see if they want to do a story about your civil liberties.
* Put the story on the web yourself if need be.

Some more Resources

* I recommend downloading The Photographer’s Right and keeping a couple of copies in your camera bag if you’re shooting somewhere you might expect trouble.
* Andrew Kantor has written a good article and a PDF summary of your rights, including some of the ins-and-outs of publishing your pictures.
* The Legal Handbook for Photographers is a great resource covering all aspects of photography and the law.
* Do you live outside the United States? Try these links for photographer’s rights in Canada, the United Kingdom, Australia and New Zealand.


Sam said...

And always remember: if you are in a foreign country, local rules apply which may be totally different from those rules at home.
So be careful and be prepared, find out in advance what the rules are.

Manfr3d said...

Nice article. What you said
applies only in the US right?

Also it would've been nice
if you can include some detail
of what kind of pictures can
be published. For example if
one is allowed to take pictures
in public places of people it
doesn't mean that one can also
just post those pictures on flickr,

Anonymous said...

You said something about being able to take pictures in a mall, but would that include places like Wal-Mart and Meijer? I have been asked to leave Wal-Mart for taking pictures during the holiday blitz.


Anonymous said...

Would Wal-Mart, Meijer, Kroger, and any of the other one-stop shop supercenters be included with the Malls? I have been told that I can not take pictures in Wal-Mart, during the holiday blitz, and I always wondered if it was considered a public place or not.


Richard H said...

Thank you. The last time I saw this information being circulated, I couldn't find anything pertaining to Canada.
I'll give that a read through.