Week 1 - Street Photography (Conceptualization)
In the United States, in a post-9/11 world, it has become harder for professional photographers to exercise their rights. Please follow the link below to the article in the New York Times about the "criminalizing" of photography. I have also included the generally accepted rules in the United States about what you can and cannot photograph. However, my friend Ramunas Blavasciunas, formerly with Reuters in Lithuania, reminds me that the laws in other countries vary widely. In his country, you must secure permission from the parents to photograph any child, no matter what the ultimate purpose of the photograph might be. Criminalizing Photography - James Estrin of the New York Times blogs about how 9/11 has prompted law enforcement to crack down on photographers who make pictures in public places even though doing so is essential to our First Amendment freedoms. PetaPixel sells Photographers' Rights Gray Cards for $10 each (note that I DO NOT receive any compensation for sending you there).
Here's what the Photographers' Rights card says (in tiny type):
You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it - e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it - e.g. malls, retail stores, restaurants, banks, and office building lobbies.
Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy - e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
Despite common misconceptions, the following subjects are almost always permissible:
accidents, fire scenes, criminal activities
children, celebrities, law enforcement officers
bridges, infrastructure, transportation facilities
residential, commercial, and industrial buildings
Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made.
These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.
