Mar 02 2010
A Photographer’s Rights
By Alan Heald
This past year during Photochrome meetings I’ve listened to a number of conflicting comments about where a photographer stands with regard to the Right of Privacy. Even though I thought I was already knowledgeable on this subject, I decided to go ahead and do a bit of research.
Over the years security guards have occasionally asked me to stop taking pictures. It’s an uncomfortable situation. One time I was shooting some photos of homeless men in an alley near Market Street. Suddenly one of them came over and insisted strongly, that I “take the film out of my camera”! My correct decision was to apologize… and then open up the camera and comply with this request. For those of you that are interested in this subject, it’s nice to know that that the rules surrounding the Right to Privacy are actually fairly simple!
Public Property – When one is on public property like a sidewalk or in a park, you have the right to take photos of people and children, including the activities of policemen or firemen, etc. In effect, these people have given up their privacy rights by appearing in public. Also, from a public area you also have to right to photograph commercial buildings, banks, airports, etc. Although not actually required, it is often smart to ask someone for permission to take such photos anyway.
Commercial Uses- Photographing people or things for advertising or for commercial purposes is different. This clearly means that the rules have changed. In circumstance like this, the photographer is legally obligated to obtain a signed model release (or similar contract) in order to be protected from a lawsuit.
Private Property Changes - the Rules- These days especially, security guards are often very sensitive to people with cameras photographing “their” buildings. The reason for this is that when you are in, or on, private property, the rules are different. In this case, a photographer is now subject to the wishes of the property owner. Sometimes it is OK to take such photos, and other times it is not. Usually it is wise to ask permission before shooting. If you are taking photos in, or on, a private area, a security guard may well ask you to stop shooting! In this situation you have the legal obligation to put your camera away. This is also the time to be polite!
Important Exceptions- There are a few important exceptions to these rules. Even if you are standing on public property, and you want to photograph a military facility, or a prison facility, etc., think twice! This may quickly get you into big trouble, with serious legal consequences! No surprise here.
A Photographer’s Rights- As a photographer you have some rights as well. Keeping in mind the above guidelines, you the photographer have the right of freedom of expression. Unless you are dealing with a policeman, you do not have to hand over your camera, or erase an image. You also have a right not to be detained. The best policy is to be respectful… while trying to defuse a tricky situation.
My hope is that this bit of legal information will allow you a stronger sense of security as you wander about, camera in hand.
