Photographer's Rights

[CNelson]

This is an interesting recurring thread...it will come back again. In the USA with a few exceptions we can shoot anything we can see in or from a public place. Some public places may restrict tripods (for safety reasons) or photos of art works or use of flash (to protect art or prevent distractions) but but most of the time you can shoot what or who you want from a public place. That, however doesn't mean you can publish what you shoot in a public place. If you shoot a private property or person and publish the shot without proper permissions, you may be civily liable (as distinguised from criminally liable). I can shoot your house from a public place but the person who places the image in a magazine, newspaper, pamphlet, etc may have liability. The rules are complex and ensure lawyer full-employment. So, if I shoot your house and put the picture in the newspaper, especially in an advertisement I could be liable...however, if you are murdered in your house and I photograph it as a photojournalist covering a crime scene, the image can be published in lot of places without liability.

There's a high end town in Florida where I'm told it's illegal to take pictures or to even carry a camera in public...the story I was told is that the town is full of wealthy celebrity types and they don't want "tourists" taking pictures. I don't know if this story is true but I suspect that if it is true and you were arrested you might have it overturned as unconstitutional in the Supreme Court.....if you had enough money to get that far. The problem is you would be trying to out-spend millionaires. Not worth testing the law at my fiscal level.

If you are photographing public transit facilities or potential terrorist targets and a police officer sees your actions as suspicious (for reasons he/she can reasonably articulate in court) he/she may talk to you to find out what you are doing. This is a reasonable course of action in this day and age. Some officers may go beyond their authority in these circumstances but good judgement and a good attitude will go a long way to keep the situation mellow....and that applies to the police officer as well. If the officer is out of line, you can always call the police department and ask to speak to a supervisor. In fact, if the officer is clearly wrong and unnecessarily heavy handed, get the name, badge number date and time, names of witnesses, and make an official complaint with the Department...not the officer. If you start out heavy handed with an officer's reasonable inquiry, don't expect the tone of the contact to get better. I've never been stopped while taking photographs in public and I was in law enforcement for 34 years and never had occasion to confront a photographer....but that was before the modern era of terrorism.

Chuck

[Ken MT]

This covers some of the photographers rights in New Zealand, but there are a number of unanswered questions

http://clendons.co.nz/newsite/upload...%20Zealand.pdf

[Colin Southern]

This covers some of the photographers rights in New Zealand, but there are a number of unanswered questions

http://clendons.co.nz/newsite/upload...%20Zealand.pdf

Great find Ken - thanks for that.

[victor]

You might find the following useful re UK rights:

http://www.youtube.com/watch?v=FJH9F7Hcluo

Regards

Victor

[Ronny]

David added respond: The Photographer’s Right

A Downloadable Flyer Explaining Your Rights When Stopped or Confronted for Photography, is what I always have with me, I live in the LA area, when I have to take pictures for my client Realtors. I have been stopped and asked by many people what I am doing and I am not allowed to do that. I just show them that copy and let them read. After that they always walk away. Even a police officer.

[MrB]

Here is another example of a sickness that now infects our society -

http://www.spiked-online.com/index.p...article/11164/

Philip

[Steaphany]

Dan Heller wrote at length on this very subject:

Everything you ever wanted to know about model releases for photos of people, places, and things.

[shreds]

Passengers can take photographs with small cameras

But generally DSLRs are not seen as small cameras!

Beware of so called 'public places' that are actually private land but dont look like as such. I can think of numerous places in London Birmingham and elsewhere in the UK where the security jobsworth can ask you not to take pics including places like power stations etc, but they often overstep the mark and become a little power crazed. Just ring (or ask them to call) the Police and they will usually step down, although not all Police staff know the law either! For street photography I always carry a bundle of articles/Police official advice just in case but have never had to use it. Just be polite and calm.

On rail stations in the UK, do approach a member of staff first, and say its for personal use (otherwise the train company or Network Rail will want a cut of the repo fees), but generally its usually a case of get on with it...a few will give you the safety lecture before signing in, which is ok. DONT use flash as that really winds up any staff, although tourists seem to manage it all the time on the London Underground.

Oh and avoid the MI6 building in London. They probably spend all their time watching for people taking photos of the building, before hoisting you off never to be seen again!

Actually if I am on any street assignments in public I try to be as obvious and open as possible. Avoids the accusation of being underhand. James Bond meanwhile has snapped you with his pen phone and you never noticed.