There has been a great deal of press lately surrounding photographers rights to take a picture and those who believe they have had their rights infringed by having their picture taken.
I hope to help outline some of the legal regulations regarding the rights and restrictions when taking a photo.
- Private Property - Owners of property do not normally have the right to prevent somebody taking a photo of their property from a public place. You may photograph whilst invited onto private property with the owners permission. If the owner does not allow you to photograph and you ignore this, from the moment you take a photo you are essentially trespassing as you would be had you not sought permission to be on the property in the first place. - Nb - This rule would generally apply to ‘Country Houses’, ‘Museums’ and ‘Concerts’.
- Public Places - Trafalgar and Parliament Square in London along with some Royal Parks have prohibited photography, this is only for business and commercial use. Tourist photography is not a problem.
- Harassment and Invasion of Privacy - It is illegal to harass another person and taking photographs could amount to harassment. This ruling can only be applied if there is a ‘Course of Conduct‘ Whereby on at least two occasions a photographer stalked or repeatedly thrust a camera into someones face causing them distress. So don’t do that! - Nb - You do not have to release your camera to anybody, if a case arises where this is asked of you, you are legally, only required to delete any image in question.
There could also be a case for the Data Protections Act if a photograph is taken of a person of usable quality without their permission. If in doubt, ask the subject. A model release form would put any worries out of doubt. Difficult though, if attempting to capture a moment on the hop as a photographer so common sense is required.
- Obstruction and public order - Don’t set up your tripod in a busy street, common sense again, think before you shoot. A photographer is not a Police Officer, Doctor or Lollipop man. Stay out of the way and no harm will be done.
- National Security - Don’t photograph military areas, telecommunications offices or anywhere you shouldn’t be.
- The Rest - Don’t photograph anything that is in or that will end up in court, it’s not worth the hassle you can get into.
- Keep clear of rare wildlife without a license. Don’t disturb any animals just for your shot. Think David Attenborough!
- Don’t photograph Bank notes it’s illegal.
These are just a few pointers into what is a massive rule book. Common sense prevails with most of these cases and if you haven’t got that then you probably won’t be reading this anyway.
Photographers Rights!
Thursday, 19 March 2009 23:00:00 Atlantic/Azores
Posted in News
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