Photography and The Law

Anyone who likes to take pictures of buildings or candid shots of people will probably run into issues with security guards or unpleasant passersby. As you are taking pictures at the Saturday market or in the abandoned industrial area you should keep 10 things in mind.

These 10 things will keep you safe and happy in your photographic pursuits.

The Ten Things You Should Know

1. When you are in public places include parks, sidewalks, malls etc. you are free to photograph anything you want. Even though malls and stores are technically private property, being open to the public makes it public space.

2. Any private property that is visible from a public space is fair game. But, no taking pictures through windows -- the people inside have an expectation of privacy.

3. If you are asked to stop taking pictures, this includes posted signs, on private property you are obligated to stop.

4. Government buildings (military bases, nuclear facilities, capitol buildings) can prohibit photography if it is deemed a threat to national security. In some cases they may legal confiscate your film -- but not your equipment. Never argue with military officials the laws are not the same.

5. People in public are acceptable to photograph without their consent, unless they are purposefully secluded. People running in the park, ok. Person using an ATM, not ok.

6. With rare exception, when it conflicts with another law, the following can be photographed from a public location:

• accidents & fires, criminal activities
• bridges & other infrastructure, transportation facilities (i.e. airports)
• industrial facilities, publicly funded construction sites
• public utilities, commercial buildings
• children, celebrities, law enforcement officers

7. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets. If you are asked to desist you generally should.

8. You do not need to disclose why you are taking pictures or who you are if you are challenged, unless you are dealing with law enforcement. But remember being friendly can often ease the situation.

9. It is illegal for private parties to detain you in most situations, and they are subject to legal action if they harrass you.

10. You don’t have to give your equipment to anyone. If they take it by force or threaten you, they can be liable for damages and your loss. Even law enforcement officers need a court order to confiscate your camera and/or film (memory card), in most cases. If you are talking with a law officers consider just giving them your film - it saves time and trouble - then take their name, badge number, and let them know that you are going to request it's return. If done politely you will at least get your card back later.

• Be respectful and polite. Even if you are right you should avoid causing hostility.
• If the person becomes aggressive or combative consider involving the police.
• It is illegal for people to detain you, threaten you, or confiscate your equipment. Get the person’s name, employer, and what legal grounds they claim.
• If you contact supervisors or the company's public relations department consider having your attorney draft a letter stating your damages and loses from confiscations.
• 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.