The CliffNotes Guide to Knowing Your Rights as a Photographer
One of the assignments I hate most is man-on-the-street photography. This is a catch-all assignment: go out there and find a story, damnit, or don’t come back. It always turns into me awkwardly stalking some interesting-looking person with a long lens and a notebook, constantly checking over my shoulder to see if I’m about to be nailed for being a peeping tom.
And then there’s the whole issue if the person doesn’t want their photo taken. I’ve had people come up to me and physically try and take my camera away just for pointing in their general vicinity. It gets awkward, and you’re bound to encounter it at some point if you take your camera out in public.
What exactly are your rights as a photographer? Karma aside, if someone tells you you can’t take their photo, do you have to listen?
Please note that the following applies for the United States only. Different countries have different rules regarding photography, and if you are an international reader, please leave a comment. I’d like to hear some differences with U.S. policy.
In the United States, it’s generally legal to take photos of anything - and anyone - in public. This means that anyone who ventures out onto the street is fair game. As far as photography is concerned, there are no inherit rights to privacy in public places. Just because someone says you can’t take their photo doesn’t mean you necessarily have to obey.
Surprisingly, this rule is pretty black-and-white. The only exception is when a photograph may compromise national security. Otherwise, any subject - police officers, industrial facilities, airports, children - are able to be photographed freely.
This doesn’t mean people won’t try and intimidate you. A friend of mine was shooting photos of a phone booth for an assignment, only to be suddenly surrounded by four separate policemen. The phone booth was close to a playground, and an overzealous mother thought he was taking photos of the children, presumably for some lewd purpose. He showed his LCD screen to the cops and all was well, but he said the experience put him on edge.
Obviously, shooting pictures up children’s skirts is a violation of pornography law, but you have every right to take a camera to a playground and shoot pictures of children at play. Is it creepy? Perhaps. Is it legal? Most definitely.
Now, the rights you have to distribute your images are important as well. Any photograph taken in public can be used freely as editorial material - something published in a newspaper, magazine or even online in a blog. That same photograph can’t always be sold. People are recognized as having the right to their own image, and they must sign some sort of model release to allow you to profit off of their image.
There are countless recent incidents of photographers being intimidate in the U.S., simply for shooting in public. To prevent that, the law firm of Bert P. Krages produced a handy pocket guide to photographer’s rights. Available here , it’s a great thing to put in your camera bag. Krages sums up photography rights succinctly on the site:
As the flyer states, there are not very many legal restrictions on what can be photographed when in public view. Most attempts at restricting photography are done by lower-level security and law enforcement officials acting way beyond their authority. Note that neither the Patriot Act nor the Homeland Security Act have any provisions that restrict photography. Similarly, some businesses have a history of abusing the rights of photographers under the guise of protecting their trade secrets. These claims are almost always meritless because entities are required to keep trade secrets from public view if they want to protect them.
Rights change slightly on private property. You are still allowed to take photographs - and generally are still allowed to do what you wish with them - but if someone requests that you stop, you must. Otherwise, there is cause for a trespassing violation. You also aren’t allowed to take photographs of people where there is an expectation of privacy - a bedroom, or a bathroom for instance.
The most important thing is simply to be aware. If someone confronts you, be polite, but know enough to protect your rights as a photographer.
Have a story about an awkward encounter? Are rights different where you live? Leave a comment - I’d like to hear about it.
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I’ve been bugged by someone on a couple of occasions. Once when I was shooting from the sidewalk in downtown Houston for a photography class assignment. I thought a couple of construction workers might make for an interesting picture, but they started giving me suspicious looks, got out of view and sent a policeman over to ask me about it.
I was prepared though. I had already been wondering about the legalities of photography after having gotten a dirty look from another cop, directing traffic when I took a picture of a funny sign, so I had a printed sheet with me, which I presented to the officer who questioned me. He took it well and seemed to be glad to have been informed. I resolved never to go about without that pamphlet in my bag.
Another time I was questioned by a security guard while I was taking video with a very large camera for a class in special effects. I didn’t have the paper with me, but I pointed out that I was on the public sidewalk, she checked by radio or phone with someone and determined that what I was doing was OK.
One of my friends tried taking photos of a bank for a project in 3D modeling and a guard came out and refused to let him continue. In my view he just didn’t know his rights.
Another time this same friend spent a day taking pictures of a movie theater inside and out, for another project in 3D modeling, but he asked permission and was allowed to take pictures of anything he wanted.
In addition to carrying a printout of the sheet describing photographers rights, I would recommend being sure to carry your student ID, and I’ll be carrying my alumni ID now, because it’s from the Art Institute.
These rules are obviously US-centric. Do you have any idea where I can find similar guidelines for the UK?
I stopped when I saw an ambulance and some cops in an area and a large crowd.
I had my camera with me and went to take some pictures. After only snapping one picture a gentleman came and talked to me and told me I couldn’t take photos. I told him I was a reporter, this was a public place and I was in my rights to take photos.
He and a group of people who were the woman’s friends surrounded me and I started to feel threatened. Though I knew I was in the right I didn’t want it to turn into a confrontation, so I backed off and told them I was leaving.
They followed me to my car and I told them that I was leaving and to go pay attention to their friend.
My second incident happened when a house caught on fire at 3 a.m. on a Saturday. I went out and grabbed some pictures before one of the tenants turned on me and yelled at me for being there, that I had no right. This was a tricky situation because: 1) the house WAS private property, 2) I was on PUBLIC property. Thankfully the fire department told him to settle down and reminded him that he was drunk and should leave me alone. I kept shooting but felt very paranoid after that point. I stayed close to the firefighter as well, because if worse-came-to-worse he seemed like he would help me out.
Funny enough, I’ve never run into problems taking pictures inside airports (after going through security, of course). Airports are great for big, clear, clean windows.
I’ve taken pictures of planes while inside airports directly in front of flight crew, pilots, security staff, et al. I’m glad that I don’t look ‘threatening’, because we all know how that might end. I’ll have to print out this little card for my next flight to the US.
Cheers!
Regarding the UK rights - here’s the link to a pamphlet specific to the UK.
http://www.sirimo.co.uk/ukpr.php
http://www.lovesimplyhappens.com
My camera is usually handy but since I work for press I always have an editor to call. However after working out of country for many years I was back in the US and and got pepper sprayed by police when I stepped into the street to take a photo of a conflict between police and anarchists.
Where were my fellow photojournalists?
http://www.borkgren.com
Good article. It’s important to know your rights.