Know your rights

[DSLR noob]

Ever been confused about weather or not you're allowed to shoot in an area? Ever been threatened by a rent-a-cop? Here is a list of 10 photography related laws. It's positive mostly turns out, pretty much 80 or 90% of the situations we've been denied photography, we could do anyway and have the law on our side

http://photojojo.com/content/tips/legal-rights-of-photographers/

The Ten Legal Commandments of Photography​

I. 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.

II. 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.

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

IV. Sensitive government buildings (military bases, nuclear facilities) can 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 expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.

VI. 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

VII. 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.

VIII. 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.)

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

X. 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.

 

[Yahoozy]

well now that was entertaining hahah

 

[Garbz]

It should be mentioned that aside from the Lochness Monster all of those only really apply to America.

Certain rules are different. The standout one in Australia is that if an area is accessible by the public that does not make it public property. Shopping malls, privately owned parks etc are all at the digression of the owner, but you can legally take photos unless requested to stop.

As far as I can see all other rules apply.

 

[Phranquey]

This is one of my favorites, written by an attorney. I keep a copy in my bag.


http://www.krages.com/phoright.htm

 

[68Whiskey]

I also like the "Photographer's Legal Guide" which can be bought @ http://www.photoattorney.com/products.html

Really good book! I recommend it to any beginner and or professional.

 

[craig]

With all due respect... I think dribble like this gives photographers a bad name. We can not walk around doing what we want under the guise of "I have rights". A real photographer respects the rights of his subjects and those around him. Or if you have a problem with that do not get caught. If you do get caught you can whip out legal documents 'till your blue in the face. No one is going to care and you will look like an idiot.

Of course a lot of famous photographers walked around the streets their whole lives and got amazing photos. I am just stating my point of view.

Love & Bass

 

[patrickt]

Some of it is wrong. A courtroom is a public place. Care to try and take photos of a trial? How about a hospital?

So, if you're on a public sidwalk with a 600mm zoom shooting into the windows of the women's dorm at the college, that's fair game? I don't think so. Or, standing on the sidewalk in front of a grammar school shooting the kids?

I wonder about those who have great interest in their rights and no interest in responsible behavior.

 

[Tasmaster]

So, if you're on a public sidwalk with a 600mm zoom shooting into the windows of the women's dorm at the college, that's fair game?

Not really:

V. 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.

Also read the linked one, it goes into some more detail.

 

[68Whiskey]

If I am in a public place taking pictures and someone asks me to stop taking pictures of them I will respect their right. Until they complain I will keep doing it. So far I have had no objections. Which I personally do not sit at the park playground taking pictures. If I take pictures anywhere at a park it is because I got paid to cover a event or their is some sports related event going on.

 

[THORHAMMER]

Some of it is wrong. A courtroom is a public place. Care to try and take photos of a trial? How about a hospital?

So, if you're on a public sidwalk with a 600mm zoom shooting into the windows of the women's dorm at the college, that's fair game? I don't think so. Or, standing on the sidewalk in front of a grammar school shooting the kids?

I wonder about those who have great interest in their rights and no interest in responsible behavior.

If you read the article linked by the OP , it states that would not be ok cause they have a reasonable expectation of privacy in their windows. private rooms, kids that can be easily seen from public property and not inside buildings should be fair game.

 

[THORHAMMER]

If I am in a public place taking pictures and someone asks me to stop taking pictures of them I will respect their right. .

What right is this ? Id like to know legally what right someone in public has to ask you to stop taking pictures of them.

 

[THORHAMMER]

Of course a lot of famous photographers walked around the streets their whole lives and got amazing photos. I am just stating my point of view.
Love & Bass

A lot of famuos photographers walked around the streets their whole lives BEFORE 911, things are different now. I had an encounter with Long Beach PD friday night that was very unsettling to say the least, things are definately different now.

I would hardly say pointing out legal rights is dribble. But hey who knows.

It's war on us out there if you havent noticed , time to take a side and understand whats going on around you instead of just putting your head in the sand and hoping it will go away.

 

[THORHAMMER]

It's called the right of free speech. I have the right to ask you anything that I wish to ask you. Now, if someone courteously asks me to respect their privacy, I'll do so.

Oh,

I gotcha, I thought you were saying something totally different.

Yes I have no problems with questions from citizens or police, its what
happens after the questions if they dont like your awnser that bothers me

I would do the same thing 90% of the time , but I dont like to people
shoot anyways its always scenes or buildings.

I try not to shoot families or kids as I feel they should feel comfortable
when they are out. But thats just me, I dont feel anything is wrong with it either. Some guys who are really into people shots might love to shoot it.

 

[Bigcity]

People do seem to be more jumpy about industrial buildings and infrastructure now. I was kicked off of 2 places this winter barely being on their property.

I saw a version of the photographers laws saying that even if you were illegally trespassing -the photos taken would still be yours.

 

[CanAm]

A lot of famuos photographers walked around the streets their whole lives BEFORE 911, things are different now. I had an encounter with Long Beach PD friday night that was very unsettling to say the least, things are definately different now.

Oh please. Nothing is different than before 9/11. I'm tired of people using it as an excuse, and I'm fairly sure people are tired of playing games of "find the terrorist".

You'd get confronted before 9/11, and you'll still get confronted after.