Photography and the law

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In general photography for personal reasons will cause little legal conflict, however with issues of privacy and copyright, as well as potentially espionage, terrorism and harassment, laws where they exist, can be complicated.

[edit] United Kingdom

In general under the law of the United Kingdom one cannot prevent photography of private property from a public place, and in general the right to take photographs on private land upon which permission has been obtained is similarly unrestricted. However a landowner is permitted to impose any conditions they wish upon entry to a property, such as forbidding or restricting photography. Two public locations in the UK, Trafalgar Square and Parliament Square have a specific provision against photography for commercial purposes, as do Royal Parks (as private land).

Photography of individuals is unrestricted where the subject has a reasonable expectation of being photographed, such as on the street or at a tourist attraction. Photography without consent of someone in a place where they have a reasonable expectation of privacy, could be considered to be against the European convention on human rights, however in general there is no right to privacy under UK law, and photograph of individuals may be used for any purposes. In addition persistent or aggressive photography of a single individual may come under the legal definition of harassment. [1]

In general, schools disallow photography and video recording of people due to privacy concerns.

[edit] United States


Local, state, and national laws may exist pertaining to photographing or videotaping. Laws that are present may vary from one jurisdiction to the next, and may be stricter in some places and more lenient in others, so it is important to know the laws present in one's location. Typical laws in the United States are as follows:

  • It is generally legal to photograph or videotape anything and anyone on any public property, with some exceptions.
  • Filming of private property from within the public domain is legal, with the exception of an area that is generally regarded as private, such as a bedroom, bathroom, or hotel room. (For example, you may take a picture of the exterior of a house from the street, but not the bedroom with the open curtain).
  • Many places now have laws prohibiting filming private areas under a person's clothing without that person's permission. This also applies to any filming of another within a public restroom or locker room. Some jurisdictions have completely banned the use of a camera phone within a restroom or locker room in order to prevent this. It is expected that all 50 states will eventually have laws pertaining to surreptitiously filming a person's genitalia.
  • Taking a photograph while on an airplane is banned in many places, and many mass transit systems prohibit taking photographs or videos while on board buses or trains or inside of stations. Photography and videography are also prohibited in the U.S. Capitol, in courthouses, and in government buildings housing classified information. Bringing a camera phone into one of these buildings is not permitted either.
  • Filming while on private property follows many restrictions. The owner of the property is permitted to film their own property. However, they must receive permission from others on the property to be allowed to film that person.
  • In order to film someone else's property, permission must be received from the owner.
  • Photographing or videotaping a tourist attraction, whether publicly or privately owned, is generally considered legal, unless explicitly prohibited by posted signs.
  • Photographing of privately-owned property that is generally open to the public (i.e. retail) is permitted unless explicitly prohibited by posted signs.
  • Some jurisdictions have laws regarding filming while in a hospital or health care facility. Where permitted, such filming may be useful in gathering evidence in cases of abuse, neglect, or malpractice.
  • One must not hinder the operations of law enforcement, medical, emergency, or security personnel by filming.
  • Any filming with the intent of doing unlawful harm against a subject may be a violation of the law in itself.

[edit] References

  1. ^ Linda Macpherson LL.B, Dip.L.P., LL.M - The UK Photographers Rights Guide. [1]