Where And What You Can Photograph - Aspects Of The Law
I was forwarded this illuminating article on the legal aspects of where and what you can photograph. The author, having review a number of information sources, offers up something close to the following:
- You can take photos any place that’s open to the public. You can even be on private property and still legally take pictures. You might be trespassing of course, but that’s another issue.
- You can take any photo that does not intrude upon or invade the privacy of a person (if that person has a reasonable expectation of privacy).
- You can publish virtually anything if it doesn’t cast someone in an unfavorable light, or reveal private facts about them.
After reading this article I took a look at the Photographer’s Guide To Privacy, published by The Reporter’s Committee for Freedom of the Press. With respect to item 1 above, the authors of this document recommend acquiring consent (preferably written) before taking photographs in a private place. This strikes me as a safer way to proceed.
What about children? How are children protected from pedophiles? I spoke to a judge regarding an issue of a man taking pictures of my grand children and other neighborhood children, The police said it was legal. A local judge said it was a form of harrassment since it’s ongoing over a peiod of time. What’s you opinion?
Comment by Diane — June 21, 2006 @ 8:11 pm
I’ll respond to this one. I have no legal training, just the usual general knowledge that most of us pick up. However, I am a photographer, and my day job is that of developmental psychologist. I work for a school district evaluating preschool children who are suspected of having, or known to have some sort of developmental difference. I’ve been working with young children since 1970.
Over the 36 years I’ve seen a lot of change in attitudes re public photography. In 1970 I seldom gave a thought to where I pointed my camera and no one ever challenged my right to take whatever picture I wanted to take. Things are very different now. I had the driver of a horse carriage that drives tourists around in the old part of Albuquerque start yelling at me not to take a picture of his carriage. After I pointed out that I have every right to photograph is carriage, but assured him that I would not do so if he preferred. It turned out that one of the local merchants had someone photograph his rig and then made and sold postcards using the photos. I think he was mad because he hadn’t thought of the idea.
But what about those pedophiles? I have found that at least some photographers are not pedophiles. Sexual contact with children is against the law, as it should be. It does great harm and cannot be tolerated. But taking a picture of a child in a public place is not of itself against the law, even if it seems to generate a fair bit of hysteria. If this person is harassing children, that is an issue that can be addressed, either as a civil matter, or possibly as a crime.
Taking incidental (the child is in an area where there are many people and is not the sole subject), or even direct photos of a child (as the primary subject) does no harm to anyone. If a parent becomes aggressive or belligerent, that parent may do some harm, or even break some law.
Because of my work, I seldom photograph children unless requested by the parent, or for some professional reason, either photographic, or for documentation related to work. I both cases a signed release is necessary.
By the way, has anyone asked the man why he was taking pictures, or requested him to stop, or told him it made you or others uncomfortable? Your post stops just short of calling this photographer a pedophile, something that could result in a civil suit against you for libel, or slander if similar oral statements are being made. As noted, a little civil communication seems to be indicated, and is certainly preferable to resorting to police and judges.
Just my perspective. For my own part, I seldom photograph anyone without asking for permission. It just seems to be the right thing to do, sometimes results in a better image than I could have gotten through stealth.
I’d be curious to see what others have to say; I know that opinions vary markedly.
Cheers,
Joe Stephenson
Comment by Joe Stephenson — August 6, 2006 @ 5:27 pm
Although some says that it is legal to take anyone picture at public, but I do feel it is not fair for the person who his or her picture been taken without their consent. Not to mention, one single photograph can be manipulated into many sort of things, ended up people will be embarassed for no reason.
Comment by Tracy — August 6, 2007 @ 3:25 am
Really mesmerizing article. I am deeply into photography and I was looking for something like this. Good work.
Comment by Legal Law — October 4, 2007 @ 9:21 pm