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?



















lush:!
17/04/08 @ 18:48