With
all the NAIA brouhaha between Tulfo & Claudine & Raymart, it would be
interesting to know what your rights are regarding photography in public.
Saw this link from one of my FB friends and while it does not constitute
a hard and fast rule, it would be a helpful guide, so read on (article lifted
from: http://lifehacker.com/5912250/know-your-rights-photography-in-public )
Nearly
every modern phone has a camera attached to it and subsequently more and more
people are taking photos in public places than ever before. The shot might be
as simple as snapping a picture of a parade or as tricky as recording video of
a riot. Regardless of the reasons, the rules for photographing in public places
are the same.
For the
most part, your right to take photographs and video in public places in the
United States is protected under the First Amendment under free speech. This
includes snapping pictures of your favorite monument when you're on vacation or
taking part in a little citizen journalism. It's not as cut and dried as you
may think and it's good to know your rights and the caveats that come with
them.
The General Rule: If You Can See It You Can Shoot It
Your
basic right is actually pretty simple: if you're in a public place and you can
see it, you can shoot it. This means as long as you're in a public location you
can legally take almost any picture. However, if you're using a telephoto lens,
parabolic microphone, or hidden camera to get a shot of a private property when
you're standing on public property you might have an issue if someone on that
property has an expectation of privacy. So, what constitutes a public place?
Most places are obvious, a park, a street, a soccer field—these are
unquestionably legal places to take pictures of anything happening. But what
about all those Instagram photos of food you've taken inside a business? That's
a little different.
Generally
if a private property is open to the public (like a restaurant, retail store,
tourist areas, etc) you are allowed to take photographs and video unless it is
expressly posted somewhere on the premise that you can't. In most cases it's
okay to assume you're allowed to take pictures and video in a shop that doesn't
expressly forbid it. However, if a property owner (or store employee) tells you
to stop, you have to stop. More importantly, use good judgement and assess the
situation and environment before snapping pictures.
This
also goes for citizen journalism. If you see an accident you want to record,
public servant misconduct, or even TSA checkpoints, you can do so as long as
you're not interfering with police or medical operations. As far as the
Department of Justice is concerned you're also allowed to shoot video or still
shots of police officers provided they're on public land.
Videotaping police officers is still a tricky situation without a concrete
ruling, but the courts have leaned toward protecting your right to film
officers.
Where and When You Get Into Trouble
As
with most laws you'll find some exceptions to the rules. Photographing on any
clearly marked private property is considered trespassing. As for public government
property you're mostly okay, however you cannot take photos of most military
bases or inside most courthouses. A few other big caveats exist as well.
Just
because some places are public doesn't make them legal for photography. For
instance, a bathroom is a public place, but people have an expectation of
privacy in the bathroom, so photos are typically not a good idea. This is also
the case with anywhere else people might expect privacy, including inside
places like AA meetings or doctor's offices.
The same
goes for photos of people in a private space where they have an expectation of
privacy, even if you're on public property. So, if you can see in your
neighbor's window from the sidewalk while they're showering, you can't take
that picture, even though you're on public property (and you might want to tell
your neighbor to close their curtains). The general rule is basically if you
didn't want someone covertly taking a picture of you in a semi-private place,
it's probably not a good idea to take your own picture. These rules may vary
from state to state, so check local laws before you're labeled a "peeping
tom." If you do get caught taking a photo you shouldn't or if you're
accused of taking taking an illegal picture when you're in the clear your
response should be about the same.
What To Do If Someone Says You're Trespassing
First
up, the easy answer when you're accused of trespassing: if you walk onto
clearly marked private property without permission you're trespassing and you
should stop taking pictures and leave. If an employee or security guard tells
you to stop taking pictures because you're on private property, stop taking
pictures. Things get tricky here, if no signs are posted saying you can't take
photos but it's a public area, you're technically allowed, but it's up to you
if it's worth the trouble to haggle over the details with a security guard. You
likely have the right, but if you're questioned directly you should seek legal
counsel.
Regardless
of whether you're in the right or wrong, no one is allowed to take your camera
away from you in a public place. Even if you're trespassing, the property owner
and the police cannot have your camera (or film or SD card) without a court
order. Which brings us to the last caveat, publishing or uploading photos
online.
Pay Attention to Where and What You Upload Online
Your
rights for taking photographs don't stop when the picture is snapped. If you
place those photos online or sell them the situation changes. While you have
the right to take pictures almost anywhere, publishing certain photos might get
you in trouble in civil courts. Thankfully, the distinction is pretty clear.
You
can't use someone's likeness for commercial purposes without their express
permission. This means you can't take a picture in a public place with
recognizable faces and then sell it to Coca-Cola or a stock photo company (you
can, however sell them to news organizations or use them for art). The same
goes for many famous landmarks and some National Parks. You can freely shoot
the photos, but selling them for commercial purposes may require a permit or
additional fee.
You
also can't publish a photo that paints a person in a false light. For instance,
if you took a picture of me fake-punching Stephen Hawking with the caption:
"Taken moments before Thorin punched Stephen Hawking in the face," I
would probably want to take you to civil court (assuming I didn't actually
punch Stephen Hawking).
Finally,
you can't publish a photo that gives away private information about someone.
This includes photos like the aforementioned AA meeting or doctor's office
along with any other situation where a person has a reasonable expectation of
privacy.
The
last concern you should have is your own rights when you publish photos online.
Some popular web services like Instagram require you
to grant usage permission to Instagram when you upload
pictures. This doesn't mean they get ownership of your photos, but it does mean
they can use them any way they like. Other services, like Flickr, allow
you to set who can and can't use your photographs. If you don't want
to sell or make public any of these pictures make sure you're using a service
that leaves all the rights in your hands and be sure to check out Creative Commons for
an easy way to license your photos.
In
general, the mantra of "If you can see it you can shoot it" will keep
you safe from legal prosecution in the United States, but not all countries and
states are the same so check out local laws before shooting. Finally, if you
feel your rights are violated, seek professional legal advice. You can also
print out attorney Bert P. Krages pocket-sized
pamphlet so you always have a list of your rights handy.
Disclaimer:
the above isn't meant as professional legal counsel and is meant to help you
familiarize yourself with the basics of the laws of photography in public. If
you're unsure whether you are on public or private property your best bet is
check before you snap photos. If you're concerned about a specific case or
situation you should contact a lawyer.
