Know Your Rights: What Can You Photograph

Greetings world. Sorry for the posting hiatus, I've had the craziest couple of weeks -- moving + unpacking + trying to sell all of the extra stuff that would not fit into my new place has occupied most of my time. However, now that things are organized in a way that suits my OCD, I am ready to get back to writing!

In light of some of the articles in the news this week, I thought it would be good to write a post on what you can (and cannot) photograph. Knowing what you are and are not allowed to photograph is extremely important for every photographer, however, you should always remember that just because you are allowed to take a photo does not necessarily mean that you should.

General Rule

Generally, in the United States, anyone may take photographs of whatever they want in a public place or place where they have permission to take photographs. Absent a statute or ordinance specifically preventing you from taking pictures, you are legally entitled to take photographs in a public space. Public places include public parks, streets, sidewalks, and malls (although private property, malls are held out as public). You may also take photos of private property that is visible from public property. For example, you may take a photo of the outside of a building from a sidewalk. However, private property owners have the right to prevent you from taking images if you are on their property. Thus, if a private property owner asks you to stop taking pictures then you must cease immediately.

 

Exceptions to the Rule

Now, there are exceptions to the rule that you can take photographs of public places. Sensitive government buildings, such as military bases and nuclear facilities, can prohibit photographs of specific areas when deemed necessary to protect national security. Plus, there are many venues that might seem like public spaces, such as art museums, that have policies prohibiting your ability to take images. So, always take the time to do a little research before you go around taking images. 

 

Photography Subjects

You are free to photograph people in public places without their consent, unless they have secluded themselves in places where they have reasonable expectations of privacy (e.g. dressing rooms, restrooms, medical facilities, and inside their homes).  However, just because you are allowed to take a person's photograph does not mean that you should. If a person asks that you not take their photograph, you should respect that person's request.

Additionally, the following subjects can almost always be photographed from public spaces:

• accident and fire scenes
• criminal activity and law enforcement officers
• children and celebrities
• bridges and other infrastructure, and transportation facilities (e.g. airports)
• residential and commercial buildings
• industrial facilities and public utilities

One word of caution when it comes to photographing other people's children -- parents are very protective of their young so be careful lest you find yourself suddenly confronted by a group of angry parents or worse, a cop.

 

Obstructions to Your Photographic Genius

Usually, security guards or employees will try to prevent you from taking photographs because of "security" risks. However, that is rarely a valid reason. Taking a photo of a publicly visible subject is not a terrorist act and it is unlikely a business can legitimately claim that you are infringing upon its trade secrets. As has been widely reported on the news, many law enforcement officers have started to object to those photographing their actions; often utilizing the threat of arrest as a means to deter individuals from taking photos or videos. Police officers do NOT have the legal right to prohibit you from taking photographs. While they do have the right to keep you away from an area where you might impede their activities or endanger their safety, they cannot prohibit you from taking photographs from other locations. However, police officers tend to feel comfortable infringing upon your rights and they usually do not like when you start quoting the law to them.

If another person, security guard, employee or police officer begins to question why you are taking photos, you are under no obligation to explain the purpose of your photography and you do not have to disclose your identity (except in states where you are required to do so upon request by a law enforcement officer). Private parties have very limited rights to detain you against your will. Additionally, no one has the right to confiscate your camera and/or film absent a court order. Taking your camera or film or threatening to do so can constitute a criminal offense.

Now, one thing to note here just because it is illegal for an officer, security guard or person cannot take your camera or film does not necessarily mean they will not attempt to confiscate your property. Your rights can still be violated and/or infringed upon and while there are legal remedies available to you, there are many situations where such remedies may not be available to you.

 

Arbitrary Limits on Photographer's Rights in Certain Venues

Occasionally, a public place might place arbitrary limits on a photographer's right to take photos. For example, many national parks or monuments require photographers to obtain a permit if they plan to use images taken at the park for commercial purposes. This is common in the industry so nothing weird there. Now, let's say you want to do a photo shoot at a national park, not for commercial purposes, and you bring a light stand, reflector and a model for that photo shoot. Since you do not intend to use any of the images taken for commercial purposes, you should not need a permit and, thus, you should be free to photograph anything in that public place, right? Well, maybe not if a park ranger spots you. 

There are countless videos on YouTube of photographers being prevented from taking pictures in public spaces because the park ranger assumes the photographer is taking an image for commercial purposes due to the photographer's use of more than just a tripod. In these videos the park ranger often acknowledges that the photographer would have a right to take images if the photographer was using less gear, but because the photographer wants to use a model or a light stand for the images, the photographer is prohibited from taking any images without a permit. Usually, if the photographer agrees to use only a tripod and a handheld reflector, the park ranger will allow the photographer to continue undisturbed.

While this might make sense if the photographer is preventing others from using and enjoying the space, it really just appears to be an arbitrary policy that venues use to force photographers to pay for expensive location permits.

 

What Should You Do if You Are Confronted?

• Try to avoid escalating the situation. Use your best judgment. While you are not required to explain why you are taking pictures and the person may not have a right to even question you, many situations can be diffused by just being open and honest. Be respectful and polite when interacting with anyone. And, if someone requests that you not take their picture or delete a photo you took of them, just show the person your camera screen as you delete the image. Sometimes, it really just is not worth the hassle.
• If you are threatened, intimidated or detained, the other party may be subject to criminal or civil liability. In this case, you should report this person to the police.
• If you do not want to involve the police (or it was the police who infringed upon your rights), consider going over that person's heads to their supervisor.
• You might also contact your local TV or radio station to see if they would be interested in doing a story on your situation. You can also put the story on the web or reach out to a local newspaper.

Disclaimer: This article is for general information purposes only. While I am an attorney, I am not your attorney. Nothing in this article should be or is intended to be taken as legal advice. You should consult an attorney for advice regarding your individual situation. Contacting me in any capacity, including via the comments section, does not create an attorney-client relationship. The receipt or viewing of this information is not intended to create any attorney-client relationship.