Shooting in Public Places (legal)

[Karen2582]

Hi,
I'm wondering if anyone knows of the legal steps (if any) needed before taking shots in a public place (downtown area, beach, park, etc) I'm building my portfolio and just want to make sure I'm not breaking any laws! Thanks

 

[farmerj]

Hi,
I'm wondering if anyone knows of the legal steps (if any) needed before taking shots in a public place (downtown area, beach, park, etc) I'm building my portfolio and just want to make sure I'm not breaking any laws! Thanks

You are in a public place, you don't need to take any steps. Go shoot and enjoy.

 

[Destin]

Step 1: Grab Camera

Step 2: Go take photos

If its a public place, thats all there is to it. Private Property can be harder, for that you can need permission and/or permits.

The only exception to this is that setting up a tripod on a busy sidewalk or such, where people could trip on it may end with a police officer asking you to take it down. You can get tripod permits for some public places though (grand centeral station comes to mind here)

 

[skieur]

Step 1: Grab Camera

Step 2: Go take photos

If its a public place, thats all there is to it. Private Property can be harder, for that you can need permission and/or permits.

It is not quite that simple. In a sense it could be said that you can take photos on private property BUT you cannot trespass on private property in order to do so.

1. If it is a public place but private property such as an arena, museum, plaza etc., then unless there are signs banning photography, you can take as many photos as you like, until told otherwise and publish the ones you have taken later.

2. If there is a sign banning photography, then you trespass when you start taking photos and will probably be escorted off the property by security guards.

3. On true private property that is not a public place, the issue is one of trespassing, NOT taking pictures.

4. Permits are required ONLY for photographic productions with perhaps a crew, truck, models, auxilliary lighting, etc.

5. As far as use of the photos is concerned, you need a model release from a person who is the main subject of a photo that is used for ADVERTISING purposes as in promoting a product etc., that the person may not use or perhaps a political party that the subject may not support etc.

6. When shooting people in a public place by the way it is important to ensure that you are not by accident portraying the person in a negative way. Shooting a prominent person with a strip club sign in the background might get you sued, despite your rights.

7. When shooting children in a public place, it is a good routine not to have anything in the
photo that would identify the child by name and nothing to indicate the specific location
where the shot was taken.

skieur

 

[Big Mike]

And if you go out in public, watch out. There are apparently a lot of other photographers packing heat, and you might get shot. :er:

 

[skieur]

And if you go out in public, watch out. There are apparently a lot of other photographers packing heat, and you might get shot. :er:

Yes, for a fellow Canadian, I was surprised to hear this as well. I sure would not want to get into a confrontation with the police for taking photos, while also carrying a firearm.

skieur

 

[Karen2582]

Thank You everyone! So...taking pictures of a child at a pumpkin patch is fine right? I thought so...but figured I'd ask you guys! Learning alot from this site Just need to get a model release.

 

[Big Mike]

Well who owns the pumpkin patch? If the owners ask you to stop and/or leave, then that's what you have to do.

Also, while shooting a random child might be legal, it might not be the best thing to do, at least not without getting permission first.

 

[crimbfighter]

My only suggestion beyond what has already been mentioned, is to always ask for permission if you're photographing people, and it's reasonable, of course. If you're shooting a crowd at 200mm, obviously it's not realistic. But, if you're singling out one person or something, it's common courtesy to ask, ahead of time if possible, but certainly after you get the shot. Many people get freaked out, concerned or sometimes scared when they spot a camera lens pointed at them without knowing why. This can be especially true with parents when they see their kid being photographed. And those people may spend days/weeks or longer being concerned over who you were and why you took their photo. It can just be a huge amount of undue stress on them. There are some on here who will disagree with me, and may have valid points, but this is my opinion, based on my experience so take it for what it's worth.

The other thing is to always consult the local law enforcement or local government body, like a town hall or similar. The reason being, local laws can be more restrictive by addressing things that state or federal laws don't. There may be local ordinances for tripods on sidewalks or loitering or something like that. Chances are you wont have any issues, but it's always in your best interest to make sure. The other reason I say to contact them yourself, is because there are folks on here from all over the world. I noticed you're in the US, and there are people answering your question from Canada. This doesn't mean they aren't intelligent or know what they're talking about, but at the end of the day, they are sitting at home while you could be on the receiving end of a ticket, embarrassing situation or a$$ chewing because you're in an area or situation they didn't know about. So, all I'm really saying, is advocate for yourself and do your own checking with your local folks before you move forward.

skieur, Big Mike and the others made some excellent points and I'm not saying to disregard what they say, just supplement it with your own checking to make sure all your bases are covered.

So, that's my opinion, which is often only worth little more than $0.01

 

[Karen2582]

Oh it's not a random child. I've been using my friends kids to build my portfolio. They have been asking me to. I would never take pics of random kids!

 

[crimbfighter]

Oh it's not a random child. I've been using my friends kids to build my portfolio. They have been asking me to. I would never take pics of random kids!

I don't think anyone is assuming you would, we're just trying to make you aware of some common issues and "what not to do" scenarios.

 

[LokiZ]

And if you go out in public, watch out. There are apparently a lot of other photographers packing heat, and you might get shot. :er:

Yes, for a fellow Canadian, I was surprised to hear this as well. I sure would not want to get into a confrontation with the police for taking photos, while also carrying a firearm.

skieur

Yeah I was just mentioning this at work to another photographer. (As related to that post.) My comment is oh wow, so now in the presence of a photographer he/she may either shoot you or on the other hand he/she may shoot you. :scratch:

 

[ucddyan]

I am by no means an expert here, but have looked into this issue before. If it's just for your portfolio you shouldn't have any problems (accept with a tripod, as mentioned before).

If you're shooting for a client, however, (i.e. wedding parties) or for commercial gain (you're going to sell the photographs, even if the picture is just of a building or a place) you may need to acquire a permit with the city. I know this is the case for Golden Gate Park specifically and San Francisco in particular, and I believe the city of New York has these type of rules also.

 

[mtiffany]

i looked into this too...read this its VERY helpful. http://www.andrewkantor.com/useful/Legal-Rights-of-Photographers.pdf

 

[skieur]

My only suggestion beyond what has already been mentioned, is to always ask for permission if you're photographing people, and it's reasonable, of course.

No. Being polite and asking permission has to be balanced with maintaining your rights as a photographer. Use your rights or lose them because practice can become law.

I think a photographer needs to be very careful, when shooting in a public place and using the photos later, but that does NOT mean asking permission because it is not required.

skieur