Laws of taking pictures in public

DrHarmony · Mar 9, 2014

I have read a few threads here that talk about respect and manners with taking pictures in public of people and events.
Am I legally allowed to take pictures of anything or anyone in public? If I can see it with my eyes, what is the issue?

I can understand that some may think it is creepy to be taking pictures of a park full of kids, but kids playing is a beautiful thing.
I have had someone come up to me at a community event and ask me to put my camera away.
I responded respectfully back, informing them I am a part of this community and my pictures are not for commercial use.
They left me alone when they found out my wife was putting on the event, but what rights do they have?

When someone comes up to my kids and wants to take a picture, they are all in with some funny faces, or creative poses.
This does not bother me at all.
Sometimes I think people watch way to much crime TV where the weirdo always has a camera.

Finally, do I have the right to tell someone to beat it if they want me to delete a picture?
I am not worried about someone getting violent with me as it is not a choice people are likely to make with me, but legally speaking, can I just move on with no legal backlash?

Josh66 · Mar 9, 2014

DrHarmony said:
Am I legally allowed to take pictures of anything or anyone in public?

Yes.

DrHarmony said:
If I can see it with my eyes, what is the issue?

None. Some people are paranoid, they assume that everyone wants to hurt them or their kids. IMO, if you're that worried about it (the parents, not you), stay inside.

Josh66 · Mar 9, 2014

DrHarmony said:
I am not worried about someone getting violent with me as it is not a choice people are likely to make with me, but legally speaking, can I just move on with no legal backlash?

"Moving on" would usually be the best option, if something like that happened. I think you would be within your rights to defend yourself though. I try to minimize the potential for conflict though.

If the other party is being aggressive, walking away is the best option. Let them be the one that gets to spend the night in jail...

480sparky · Mar 9, 2014

Please notice the OP is in CANADA! Laws in other countries will not apply.

Josh66 · Mar 9, 2014

DrHarmony said:
Finally, do I have the right to tell someone to beat it if they want me to delete a picture?

Yes. Nobody, not even the police, can delete your files without a court order.

Do whatever you have to to avoid conflict, if that is what you want to do - but if you're backed into a corner, there is basically nothing they can do. They can make the request - it's up to you what happens next. There is no legal reason you would have to comply with their request.

Josh66 · Mar 9, 2014

480sparky said:
Please notice the OP is in CANADA! Laws in other countries will not apply.

Oy... Didn't notice that. I think it would be "mostly the same", but don't take my word for it...

DrHarmony · Mar 9, 2014

I would imagine the laws would be the same as well.
I have not had someone ask me to delete anything, but was reading on here that someone was violent towards a photographer for not deleting the picture.
I think I would delete something if asked nicely, but if someone was being an ass, I think I may focus on a new project...how to piss someone off in 15 simple clicks.

KmH · Mar 9, 2014

The laws in Canada often vary quite a bit from similar laws in the USA, at both the federal and province levels.

We all know what happens when someone assumes: ass-u-me. lol

Josh66 · Mar 9, 2014

KmH said:
We all know what happens when someone assumes: ass-u-me. lol

xkcd: When You Assume

vimwiz · Mar 9, 2014

Josh66 said:
Yes. Nobody, not even the police, can delete your files without a court order.

They can in some countries. I believe the terrorism act 2000 has provision for this, here in the UK.
The 2006 act makes it potentially illegal to photograph infra like stations in case its "recon"
The 2008 act also makes it illegal to photograph soldiers or police (where the heat is on you to prove you had a reasonable excuse)

As of a few years ago new guidance has changed things but you may still get hastle, and they seize your memory cards for investigation.

Nevermore1 · Mar 9, 2014

In the US as far as I know if the person is outside or in a public place you can legally take their picture. If they are in their home or a fenced yard you can't. Also, some public places do not allow pictures to be taken such as at shopping malls since technically they are private property (there will usually be a sign that says photos are prohibited at the entrance).

As for kids I think that's a completely different thing (not legally just morally). If you are a birthday party with your child then it is ok, I will also offer to send copies to the host of the party so they can send the other parents any pictures I have gotten of their kids as well. If it is a playground or around a school and you are not taking photos of your own child which would obviously end up including other children in the area then it's ok, if you don't have. your own child with you then it's just downright creepy for the kids and the parents. At my daughters school they are taught that if someone is hanging around watching them or takjng photos they are supposed to report it. My guess is most of the time it is someone just taking harmless photos because they enjoy taking them, not because they are a pedophile or looking to kidnap a child but unfortunately that's the way society thinks today.

DrHarmony · Mar 9, 2014

I will stop in at the police station today and ask.
I do not think that a good defense would be "the folks over at the Photo Forum said it was all good"
If I show up back here in six months with a photo of a policeman laughing, it is because I said just that as I start snapping pictures of him/her.

Josh66 · Mar 9, 2014

Nevermore1 said:
My guess is most of the time it is someone just taking harmless photos because they enjoy taking them, not because they are a pedophile or looking to kidnap a child but unfortunately that's the way society thinks today.

If "society" were a person, they would be locked away in an insane asylum.

I think people have become paranoid these days. I don't freak out if someone happens to take a picture of my kids. I certainly inadvertently take a lot of pictures of "other people's kids". That's what happens when you go to public places.

TreeofLifeStairs · Mar 9, 2014

This is related but a bit of a side note. There was a guy in Massachusetts that was arrested on peeping tom charges for taking pictures with his cell phone while he was on the bus. He would hold the camera at waist level and take pictures up the skirts of female passengers. The judge ruled him innocent since the women were not naked (they weren't in a dressing room or bathroom).

shefjr · Mar 9, 2014

TreeofLifeStairs said:
This is related but a bit of a side note. There was a guy in Massachusetts that was arrested on peeping tom charges for taking pictures with his cell phone while he was on the bus. He would hold the camera at waist level and take pictures up the skirts of female passengers. The judge ruled him innocent since the women were not naked (they weren't in a dressing room or bathroom).

I was just searching TPF to see if anyone had posted about the MA supreme courts ruling on this very issue. The OP is in Canada so this likely doesn't apply.