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Monday, October 17, 2011

Know Your Rights: Photography

With all that has been going on recently with various protests and structured gatherings, its good to know your rights when taking photographs. 

The most important thing is to find out the laws for your location, but in general there are some basic guidelines that as a photographer you're covered by. 

Here are some basic points as defined by the ACLU:
  • When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight over the government and is important in a free society.
  • When you are on private property, the property owner may set rules about the taking of photographs. If you disobey the property owner's rules, they can order you off their property (and have you arrested for trespassing if you do not comply).
  • Police officers may not generally confiscate or demand to view your photographs or video without a warrant.If you are arrested, the contents of your phone may be scrutinized by the police, although their constitutional power to do so remains unsettled. In addition, it is possible that courts may approve the seizure of a camera in some circumstances if police have a reasonable, good-faith belief that it contains evidence of a crime by someone other than the police themselves (it is unsettled whether they still need a warrant to view them).
  • Police may not delete your photographs or video under any circumstances.
  • Police officers may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations. Professional officers, however, realize that such operations are subject to public scrutiny, including by citizens photographing them.
  • Note that the right to photograph does not give you a right to break any other laws. For example, if you are trespassing to take photographs, you may still be charged with trespass.
If you are stopped or detained for taking photographs:
  • Always remain polite and never physically resist a police officer.
  • If stopped for photography, the right question to ask is, "am I free to go?" If the officer says no, then you are being detained, something that under the law an officer cannot do without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so. Until you ask to leave, your being stopped is considered voluntary under the law and is legal.
  • If you are detained, politely ask what crime you are suspected of committing, and remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.
Special considerations when videotaping:

  • Such laws are generally intended to accomplish the important privacy-protecting goal of prohibiting audio "bugging" of private conversations. However, in nearly all cases audio recording the police is legal.
  • In states that allow recording with the consent of just one party to the conversation, you can tape your own interactions with officers without violating wiretap statutes (since you are one of the parties).
  • In situations where you are an observer but not a part of the conversation, or in states where all parties to a conversation must consent to taping, the legality of taping will depend on whether the state's prohibition on taping applies only when there is a reasonable expectation of privacy. But that is the case in nearly all states, and no state court has held that police officers performing their job in public have a reasonable expectation. The state of Illinois makes the recording illegal regardless of whether there is an expectation of privacy, but the ACLU of Illinois is challenging that statute in court as a violation of the First Amendment.
  • The ACLU believes that laws that ban the taping of public officials' public statements without their consent violate the First Amendment. A summary of state wiretapping laws can be found here.
  • With regards to videotaping, there is an important legal distinction between a visual photographic record (fully protected) and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws.
Photography at the airport

Photography has also served as an important check on government power in the airline security context.
  • The Transportation Security Agency (TSA) acknowledges that photography is permitted in and around airline security checkpoints as long as you're not interfering with the screening process. The agency does ask that its security monitors not be photographed, though it is not clear whether they have any legal basis for such a restriction when the monitors are plainly viewable by the traveling public.
  • The TSA also warns that local or airport regulations may impose restrictions that the TSA does not. It is difficult to determine if any localities or airport authorities actually have such rules. If you are told you cannot take photographs in an airport you should ask what the legal authority for that rule is.
Other Photography Rights Articles:
There are even some sites that will sell you a grey card set with basic photography rights printed on the back. I'd recommend just buing similar cards without the printed material and then print out on a label sheet or "sticker" paper the rights that pertain to your area or area that you'll be shooting in, that way if they change you can change them without paying an extra $5-$10 bucks.

One thing you could also do and is a bit deceitful is have as your first image on your card the following image which can be found here:


Then when asked to delete a photo just toggle back to this image (most cameras will "wrap around" the view of images so from your last image taken you just go forward and show this image.  If you don't like the wording of this image you could always go for a more customized one such as "Image Has Been Deleted.", etc.

I'm not a lawyer so please don't take this as legal advice, it is ultimately your responsibility to know the laws in your part of the world with regards to taking photographs.


Hope you enjoyed this post and thanks for stopping by!




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