Photography In a Public Place - What is the Law?
Comments in a recent post got me curious about this question. So I did what I always do when I want to know something - I went online to research it.
Interestingly, there is a ton of information online on the subject. It is hard to wade through what might be law, and what might be someones opinion. But this is what I filtered out.
A photographers' right to take photographs, and publish them is protected by the First Amendment as freedom of expression, and as part of freedom of speech.
A public place is defined as a place in which the general public has access. Private property can be a public place, such as a museum, a mall, or a park. You can be denied in a public place if it is on private property.
Anything, or anyone that can be seen in a public place can be photographed. Including children. There are no laws restricting the right of a photographer to take photos of anything in public view. There is no assumption of privacy in public. Anyone can be photographed without giving permission, unless they are in a place where there is a reasonable expectation of privacy, such as restrooms and medical facilities.
I did not know this. When I was in Mexico, I took this photo of a little girl. I asked, and got permission from her mother to photograph her. I've always loved this photo, especially the ketchup on her chin and the sand in her hair. But I never knew until now what the laws were regarding posting it.
Releases or any other form of permission are not required to photograph subjects in public view.
Photography of a person for a commercial use is defined as 'advertising', where one is using the photo to sell something else. Commercial use does require a release for publication.
You can photograph someone on the street, and sell the photograph in a studio or gallery, or anywhere else without a release. Editorial use, publishing as part of a written work, is also permitted without a release, as in magazines, and on the internet.
When is it not Legal?
When you are trespassing on private property. You may however, stand in a public place, and photograph a private one.
In a public restroom or dressing room.
Of a person through the windows of their own home.
Where there are "No Photography" signs, taking photos is not illegal, but may be considered 'tresspassing'.
Where National Security may be at stake, and photography is forbidden by law.
Where your images are used to libel, defame, or slander another.
Where your image is of a copyrighted image, design, or logo, and used for monetary gain.
And according to the American Law Institute:
"One who gives publicity to a matter concerning the private life of
another is subject to liability to the other for invasion of his
privacy, if the matter publicized is of a kind that A) would be highly
offensive to a reasonable person, and B) is not of legitimate concern
to the public."
What are your rights as a Photographer?
If confronted, know that you may not be detained, harassed, be forced to delete images, or have your equipment taken from you without it being a violation of your civil liberties. Anyone doing so may be subject to criminal and civil prosecution.
Law enforcement is not allowed to force you to delete your images, or confiscate your equipment without a court order or warrant, (unless you are being arrested).
Private citizens may not harass you, or touch you or your equipment without the risk of being charged with assault.
So, why is this important to know?
Because we live in a democratic society, where our rights are protected by law. Because in many other countries in the world, even democratic ones, the rights of photographers and journalists are routinely being denied and coming under abuse.
And because you don't want to find yourself in an expensive and unnecessary lawsuit.
Disclaimer: This does not constitute legal advice. I am NOT an attorney! Anyone seeking legal advice should consult an attorney.
Sources:
http://quazen.com/arts/photography/the-war-on-photography/
http://photography.suite101.com/article.cfm/taking_photographs_and_the_law
http://www.krages.com/ThePhotographersRight.pdf
http://ambientlight.ca/laws.php#You_are_guaranteed_the_right_to_take_photographs
http://www.usatoday.com/tech/columnist/andrewkantor/2005-12-29-camera-laws_x.htm
http://photography.suite101.com/article.cfm/using_photographs_and_the_law
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