Photographers Have Rights Too!

By Krishanna Spencer

One of the things heard being discussed around the Gallery is what photographers can photograph and what they cannot. Here's a scenario: You are out strolling around, photographing interesting stuff. You come across a terrific landscape that has a complete stranger in it. Without that person's silhouette in the composition, you have no terrific photo. What do you do? Go ahead and take the picture?  And if you do,  do you need the person's permission order to print or sell the photograph?

I've always thought not and in asking around, I've found that ideas and opinions about this vary greatly. So off I went in search of some conclusive answers for myself. In fact, there are, surprisingly, very few restrictions on what and who can be photographed in the public view.

At this point though, I need to make you perfectly aware that although I'm devastatingly savvy, awesomely bright, and a talented writer, I'm not not a lawyer and none of this is legal advice.

A lot of this information was gleaned from attorney Bert P. Krages‘ website, which was chockfull of terrific and useful information about copyright, photography and art law and bunches of other useful stuff. There's even a downloadable PDF called the Photographers Right that covers quick access to your rights and obligations concerning confrontations over photography all in a handy-dandy flyer. So remember! If you have a legal issue, get in touch with a lawyer, not me or 12 12 Gallery! 

So What Are My Rights & What's Expected of Me?

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yup. Even though they're technically private property, being open to the public makes them public space.

II. If you are on public property, you can take pictures of private property. If you can see a building from the sidewalk, it’s fair game.

III. If you are on private property and are asked not to take pictures either by staff, other authorized personnel or posted signs, you are obligated to honor that request.

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

V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can therefore expect a reasonable degree of privacy. People swimming at the local community pool? Sure. Somebody changing into their suit in the public locker room? Uh, no.

VI. Any or all of following can almost always be photographed from public places, despite popular opinion:

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

VIII. If you are challenged or confronted, you don't have to disclose your identity (except in some cases when a law enforcement officer asks) and you don't have to explain why you are taking pictures.

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

X. If someone attempts to confiscate your camera and/or film, you don’t have to turn it over it to them. If they take it by force or threaten you, they can be liable for things like assault,  theft and coercion. Remember even law enforcement needs a court order.

What Happens If They Get In My Face?

• Be respectful and polite. Use good judgement and don’t escalate the situation.
• If the person becomes combative, ugly or difficult, dial 911.
• Threats, detention, and snatching your camera are all grounds for legal or civil actions on your part. Remember to get the person’s name, rank and number as well their employer, and what legal grounds they they think they have that justifies their actions.
• Go above the person’s head and speak with their supervisor or their company’s public relations department.
• Call local TV and radio stations and see if they want to do a story about your civil liberties.
• Publish the story on the web yourself if you find it necessary.

Web Resources

• These facts are a kind of condensed version. I'd suggest downloading The Photographer’s Right and keeping a couple of copies in your camera bag- just in case.
• Andrew Kantor, tech columnist for USA Today and former editor of PC magazine and Internet World World, has written a good PDF summary of your rights, including some of the ins-and-outs of publishing your pictures.
• The Reporter's Committee for the Freedom of Press website has published The Photographer's Right to Privacy which covers what anyone behind a lens should know about invasion of privacy standards in the US.
• The Legal Handbook for Photographers by Bert Krages looks like a great resource covering all aspects of photography and the law.
• If you live outside of the U.S. or will be photographing in any of these places, try these links for photographer’s rights in Canada, the United Kingdom, Australia and New Zealand.