The Right's of Photographers (when shooting in public places)

Posted Nov 23, 2005 by static

I carry my camera with me everywhere I go. I know I'm not alone on this because as photographers we know that the greatest shots often come at the least expected times and I never want to be unprepared for those great moments.

I also like to take street shots to document the general goings on of the city and those around me and I can't imagine not being "allowed" to do this. I also can't imagine what the world of photography would be without the astounding images of Cartier-Bresson or Garry Winograd.

However, in our current fearful society photographers are becoming increasingly harrassed for taking pictures. I've been approached time and time again by mall security, managers of stores or even random people on the street asking if they were in my picture and I'm one of the relatively cautious ones about this! I know many people who aren't and as my own personal philosophy I like to protect the wishes of those who choose not to be in my pictures but being told by people that I'm "not allowed" makes me mad.

Apparently here in Vancouver we aren't allowed to take pictures in the skytrain stations. This was made very clear to me by security at the Granville Street Station when I asked if I could take pictures. The security guard on duty told me that since 9/11 they have become extremely sticky about picture taking in the stations however I didn't look like a terrorist so sure, I could go down the escalator into a "paid fare zone" (without a paid fare, I might add) to take a couple of shots. (I will refrain from leaving my thoughts on what terrorists "look like" and double standards and the like...)

I'm not sure exactly what people get so up in arms about. Ironically, unrestricted photography by private citizens has played a huge role in protecting the freedom, security and well-being of all people. In fact, photography has contributed to improvements in civil rights, curbed abusive child labor practices, and provided important information in investegating crimes. Photography has not contributed to a decline in public safety. No terrorist acts have ever been dependent on or even involved photography and restrictions on photography would not have prevented any of these acts.
Awhile back a friend sent me this link to a Photographers Rights from a legal standpoint when photographing public places. Unfortunately it's an american version and I've yet to find anything similar done up specifically for Canada.
As someone who shoots often and gets harrassed nearly as often I feel it important to know the things laid out in this article.

In case you don't click the link here are a few of the points I found most interesting:
1. Property owners may legally prohibit photography on their premises but have no right to prohibit others from photographing their property from other locations.
2. Anyone can be photographed in a public place without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, etc.
3. The following subjects can almost always be photographed lawfully from public places: accident and fire scenes, children, celebrities, bridges and other infrastructure, criminal activities, law enforcement officers.
4. security is rarely a legitimate reason for restricting photography.
5. You are under no obligation to explain the purpose of your photography nor do you have to disclose your identity except upon request by a law enforcement officer. (NOT A MALL SECURITY GUARD!)
6. Absent of a court order noone has the right to confiscate your film. Doing so can constitute a criminal offence such as theft, coercion or harrassment.

Disclaimer: This is a general education guide about the right to take photographs and is necessarily limited in scope. This is not intended to be legal advice.

static's blog

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I came upon your article and

Submitted by Foto (not verified) on Thu, 2008-03-06 15:20.

I came upon your article and being a photographer myself I have come across the same issues many times.I also work in the film and television industry so I run into these issues on a daily basis.
I do agree with some of your points but not all.
While I do agree that a property owner or representative has the right not to allow photographs to be taken on the property they are not able to stop you from taking photos of their premise from outside their area.
Having said that Government agencies are able to legally stop and detain you if you photograph areas which are deemed security sensitive, whether or not there is a posted sign on the fence or object (personal experience on that subject), circa 9/11.
Photography of public in public places has now reached a grey area.In a Canada a law was put forward to not allow photography of individuals in public or private areas without their approval.This was to counter photography of children and minors by individuals who were seeking to exploit these images.
Without consent of an individual I can not use their image for profit.I avoid taking or seeing recognizable faces in any public photos that I may take so as to avoid that possibility.I see no point incase the photo is amazing but I don't have the person's approval and can not get it.Sure I could use or sell image but in the court of law I would lose more than the court costs.
A sandwich board that states " By entering this area you agree for "______ " to use your image or likeness for ....
Although many films use this to try and gain consent unless you can prove that each person read and understood that sign you will lose in court ( again personal experience there , opps! ).
With the popularity of youtube and blogs I can see why people are more protective about their privacy and imagery.Your image posted on some strangers blog or video of you at the beach wearing a bikini without your approval is not something I think falls under " the right's of Photographers ".
I find by keeping these things in mind I avoid possible confrontations. Sure I still pop off lots of secret shots to grab images that I find interesting but I do so knowing the limitations of use.Do I like someone taking my photo or video without my approval?
Absolutely not.
So I respect the same rules.

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