Saturday, August 6, 2011

Photographers Rights

The following was posted online as an explanation of a photographer's rights with the caveat; when in doubt contact a lawyer (preferably one versed in intellectual property law).

1. 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.

2. 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.

3. Private property owners can prevent photography ON their
property, but not photography OF their property from a
public location.

4. 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.

5. 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

6. Security is rarely an acceptable reason for restricting
photography. Photographing from a public place cannot
infringe on trade secrets, nor is it terrorist activity.

7. 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.

8. It is a crime for someone to threaten injury, detention,
confiscation, or arrest because you are making photographs.

9. You are not obligated to provide your identity or reason
for photographing unless questioned by a law enforcement
officer and state law requires it.

10. 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.

Check out Wikipedia for an in-depth discussion of the rights
of photographers.

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