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The What and Where Guide to Photography

by la_spice @ Thursday, Apr. 17, 2008 - 19:36:00

We all know about Steve's impression of an undercover garden mole! And Rabbit posted this particular piece which reminded me of something I recently read:

The Ten Legal Commandments of Photography*

Before we get started here, we have to point out that we’re not lawyers. *None of this should be construed as legal advice. If you have a legal issue, get in touch with a lawyer.

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 honour 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, 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.

FOOTNOTE 1 (from Seasideman):

A fully English pdf detailing photographers rights is here:

http://www.sirimo.co.uk/ukpr.php

Rather strangely, there are some restrictions on Trafalgar Square and all Royal Parks. Apart from that, it's more or less the same as what you posted and thanks for raising the issue. We are all better off if well-informed.

FOOTNOTE2 (from Paparazzi):

In the uk you have no right to take pictures on private property even if it is open to the public this includes shopping "malls", theatres, galleries and some parks.

I would advise against anyone photographing children candidly if they are not family members as one mans art is another persons pornography and some of the stories that have been printed in the photo press are chilling!

It may surprise you to know that certain public displays are subject to copyright laws. Pictures can be taken but should not be published and that includes blogging!

The use of a tripod can be a problem in many areas even if photography is allowed, obstruction is against the law.

Police officers are generally helpful in most situations however security guards and community officers are usually just jobs worths. If you are sure you are right ask them to call the police in the UK trespass is just a civil offence do not show anyone the pictures you have taken unless arrested.

In the current climate big brother is watching on cctv but your rights to pursue an innocent and legal pastime are being eroded. Ask yourself are these pix worth the hassel?

PS Did you know it is unlawful to publish pictures taken on National Trust property and that includes the Beaches, Landscapes and the great houses inside or out and its all done for our benefit?


 
 

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isadora101isadora101 [Member]
17/04/08 @ 18:48

Thanks for posting these guidelines....I wouldn't want to get in bother again like I did once in Egypt :blush:!

la_spicela_spice [Member]
17/04/08 @ 18:53

I know they're lenghty but I thought it was worth putting it in full rather than just a link.

Now - spill the beans about Egypt!!!!! Or did I miss this post?

isadora101isadora101 [Member]
17/04/08 @ 19:12

No, you wouldn't have seen it as it was back in January 2007!
Well..you might not know but I can be a scatty sometimes and we were on a coach...and..Oh,just click here

http://isadora101.blog.co.uk/?paged=36

Post titled..The road to downtown Cairo

la_spicela_spice [Member]
17/04/08 @ 19:21

The link took me to December 2006! I scrolled down but it took me to even earlier posts!

Now you've really got me intrigued!

la_spicela_spice [Member]
17/04/08 @ 19:24

Panic not - I did a search on "the road to downtown Cairo" and found it so I'm just off to read it!

spiritbirdspiritbird pro
17/04/08 @ 20:00

I once took some pictures of a helicopter landing at a road accident and was paid £50 by the local newspaper for them. It always pays to take your camera very often you will be the first or the only photographer there . Photos of incidents can also be of use to police etc as evidence and for individuals in a case of dispute over accidents.
If someone tries to take your camera from you ask for their name and address and next of kin. When they ask you why tell them it's for the casualty officer so he knows who he's treating. Happy snapping

la_spicela_spice [Member]
17/04/08 @ 20:02

Thanks for that!

Long time no see - are you OK?

Marian

spiritbirdspiritbird pro
17/04/08 @ 20:13

I'm o.k thanks I get a little down at this time of year. The sun starts to shine and when we're out I see all the shiny motorcycles taking the first trips and I can no longer join them. After 42 years of being there I just have to watch now. It's a bit like taking a childs favourite toy off them I suppose but it was a big part of my life pre heart attack. We are looking out for an early holiday, that helps, a little travelling and some sun and I'll be as right as rain. I am thinking of visiting a new friend in western France.

la_spicela_spice [Member]
17/04/08 @ 20:20

There are a lot of people suffering with "the winter blues" just now.

It's the same all over - yesterday we were paddling at the coast and today it's like the bleak mid winter.

Keep smiling :yes:

davidjohndavidjohn pro
17/04/08 @ 21:05

The administrator comes into her own and does it real well ! It is a good idea to have a photo club membership card or photo journalist card if eligible so that when you take pictures of children say in a park you can refute possible allegations of being a paedophile by showing you are in reality a bone fide photographer. David.

I thought I would add my h'peth.

la_spicela_spice [Member]
17/04/08 @ 21:38

Thank you - that said a determined paedophile would probably have thought about obtaining such a document. Being able to produce a document would not guarantee the bearer's motives.

davidjohndavidjohn pro
17/04/08 @ 22:17

Well it would work differently; examination of the bearers web site or computer would reveal no inclination towards paedophilia if the bearer was genuine ! David.

la_spicela_spice [Member]
17/04/08 @ 22:38

You appear to have missed my point.

davidjohndavidjohn pro
18/04/08 @ 09:21

Clearly if you are a photo journalist it will most probably help when and if you are challenged. David.

la_spicela_spice [Member]
18/04/08 @ 09:25

I guess photo journalists would have to carry bona fide forms of ID.

davidjohndavidjohn pro
18/04/08 @ 09:33

That's what the card I suggested is ! Sorry if that was unclear ! David.

SeasideManSeasideMan pro
17/04/08 @ 21:14

Thanks for those guidelines, but the wording seems to imply to me that they are American, particularly "Sidewalk", "mall" and "Law Enforcement Officer". I would imagine the situation is broadly similar here though.

Cheers, Tom.

la_spicela_spice [Member]
17/04/08 @ 21:33

Exactly.

I was tempted to "Anglocise" the piece but thought against it.

SeasideManSeasideMan pro
17/04/08 @ 21:49

A fully English pdf detailing photographers rights is here:

http://www.sirimo.co.uk/ukpr.php

Rather strangely, there are some restrictions on Trafalgar Square and all Royal Parks. Apart from that, it's more or less the same as what you posted and thanks for raising the issue. We are all better off if well-informed.

Tom.

la_spicela_spice [Member]
17/04/08 @ 22:07

Thanks for that - I will add the link as a footnote tomorrow!

paparazzistylepaparazzistyle pro
17/04/08 @ 22:12

Hi Spice,
I'm a little concerned about some of the advice
above.
In the uk you have no right to take pictures on private property
even if it is open to the public this includes shopping "malls",
Theatres, gallerys and some parks.
I would advise against anyone photographing children candidly if they are not family members as one mans art is another persons
pornography and some of the stories that have been printed in the photo press are chilling!
It may surprise you to know that certain public displays are subject to copyright laws. Pictures can be taken but should not be published and that includes blogging!
The use of a tripod can be a problem in many areas even if photography is allowed, obstruction is against the law.
Police officers are generally helpful in most situations
however security guards and community officers are usually
just jobs worths. If you are sure you are right ask them to call the police in the UK trespass is just a civil offence
do not show anyone the pictures you have taken unless arrested.
In the current climate big brother is watching on cctv but your rights to pursue an innocent and legal pastime are being eroded. Ask yourself are these pix worth the hassel?

PS Did you know it is unlawful to publish pictures taken on
National Trust property and that includes the Beaches,
Landscapes and the great houses inside or out and its all
done for our benefit ?

SeasideManSeasideMan pro
17/04/08 @ 22:26

That echoes pretty much exactly the information in the pdf at the website I linked to above. Nice to know we're lal on the same page!

Tom.

paparazzistylepaparazzistyle pro
17/04/08 @ 22:35

Its a sad state of affairs these laws are not new its just that common sense used to prevail !
I was once late for a Job due to the fact that the security
would not let me in despite being the official photographer for the event!
I didn't mind I was charging for my time and got well paid for waiting around.

la_spicela_spice [Member]
17/04/08 @ 22:39

Common sense seems in short supply these days!

Nite nite! :wave:

la_spicela_spice [Member]
17/04/08 @ 22:36

Thank you for that - the quoted article was obviously from American sources. At least the points have now been highlighted.

I think we all realise the need for prudence ( I think I'll stick to flower pictures - unless they're in Steve's garden centre!!!)

359Rabbit359Rabbit pro
18/04/08 @ 07:07

Thanks for this it clarifies a few points, lets not stop it enjoying our photography

Rabbit

la_spicela_spice [Member]
18/04/08 @ 07:14

Exactly - I need to add a small footnote though (as you might tell, this is an American article and although most of the points are relevant I've been given some more bits via the comments above ^^^^^)

Breakfast first!!!

boredrichboredrich [Member]
18/04/08 @ 10:06

blimey I never realised there was so much too it but now I think about it I guess you do have to have rules or guidelines god its crazy isnt it :)

la_spicela_spice [Member]
18/04/08 @ 10:09

If only life was simple! :roll:

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