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Thread started 03 Jun 2011 (Friday) 11:17
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The Ten Legal Commandments of Photography-Know Your Rights.

 
Eiro
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Jun 03, 2011 11:17 |  #1

Found this info and figured I'd pass it on to others who maybe unsure of what their rights are. Don't go purposely looking for complications and situations where you can cause trouble or un-comfort for yourself,however if it finds you know your rights.

THE TEN LEGAL COMMANDMENTS OF PHOTOGRAPHY

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.

II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.

III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.

IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.

V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.

VI. The following can almost always be photographed from public places, despite popular opinion:

accident & fire scenes, criminal activities
bridges & other infrastructure, transportation facilities (i.e. airports)
industrial facilities, Superfund sites
public utilities, residential & commercial buildings
children, celebrities, law enforcement officers
UFOs, the Loch Ness Monster, Chuck Norris

VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.

VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)

IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.

X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.


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snapshot2011
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Jun 03, 2011 11:32 |  #2

Hey Eiro,


thats a lot of interesting text. Does it only apply to the USA or is that considered global?


Being in Australia the points may be different.

If there are an AUSSIES out there that do know for certain what the laws are then adding them would be nice and so forth with people from other countries.




  
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moose10101
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Jun 03, 2011 11:41 |  #3

Eiro wrote in post #12529246 (external link)
Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.

Fail.




  
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snapshot2011
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Jun 03, 2011 11:43 |  #4

I have to agree......Malls in my opinion are still privately owned in a way and therefore photos I would see as prohibited.

Moose and I agree on something.


:)




  
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slwx
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Jun 03, 2011 11:45 |  #5

Eiro wrote in post #12529246 (external link)
UFOs, the Loch Ness Monster, Chuck Norris

I believe this to be incorrect. You can only take photos of Chuck Norris, if Chuck Norris allows it.

And from a completely non-legal aspect, very few cameras, if any, are actually built well enough or have the power to capture the image of Chuck Norris. Many have tried, and their cameras have literally turned to dust.


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Eiro
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Jun 03, 2011 11:50 |  #6

One would hope so. However, different countries carry different policies and regulations. In the United States we are fortunate to have a lot of freedoms and legal defenses as well as offenses that many people around the world still do not possess. I would strongly advice anyone who is out of the U.S. jurisdiction to know what they can and cannot do when it comes to photography.I personally have made a small sized version of this, printed it out and have it on me now permanently laminated in my wallet. One side being this, the other my attorneys info. The best advice my attorney has ever given to me through the years was DO NOT instigate an occurrence or push your limits to what you feel can become a compromising situation for you,even if you are right, use best judgement. Spending a night in jail or being detained even if I'm right is not something I'm interested in,but I will stand by my beliefs and rights. Being well informed is the wisest way to go about things.

If someone from foreign origins wants to add to this. Please do so.

snapshot2011 wrote in post #12529344 (external link)
Hey Eiro,


thats a lot of interesting text. Does it only apply to the USA or is that considered global?


Being in Australia the points may be different.

If there are an AUSSIES out there that do know for certain what the laws are then adding them would be nice and so forth with people from other countries.


Get out and shoot

  
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snyderman
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Jun 03, 2011 11:52 |  #7

Looks like a nice 'wish list' someone whipped up.

dave


Canon 5D2 > 35L-85L-135L

  
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nicksan
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Jun 03, 2011 11:57 |  #8

Yeah, the next time I get stopped by the NYPD, I'll show them a printout of this and am certain will get a response like:

"I apologize sir, for any inconvenience I have caused you due to my lack of knowledge about your rights as a photographer. Here is my badge number just in case you want to file a complaint against me. I deserve it".

:lol:




  
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Eiro
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Jun 03, 2011 11:59 |  #9

nicksan wrote in post #12529493 (external link)
Yeah, the next time I get stopped by the NYPD, I'll show them a printout of this and am certain will get a response like:

"I apologize sir, for any inconvenience I have caused you due to my lack of knowledge about your rights as a photographer. Here is my badge number just in case you want to file a complaint against me. I deserve it".

:lol:

LOL highly doubt that will play out in such a sweet fashion. More like face slammed to the ground and "dont effin move"


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neil_r
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Jun 03, 2011 12:02 |  #10

This is an international forum, hosted and owned by Pekka Saarinen in Helsinki, Finland.

I think you need to put some sort of caution on your post to acknowledge that these rights are not universal.

I am sure if you quoted them after being arrested in North Korea they would be of little help.


Neil - © NHR Photography
Commercial Site (external link) - Video Site (external link) - Blog - (external link)Gear List There are no rules for good photographs, there are only good photographs. ~ Ansel Adams

  
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Eiro
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Jun 03, 2011 12:04 |  #11

neil_r wrote in post #12529533 (external link)
This is an international forum, hosted and owned by Pekka Saarinen in Helsinki, Finland.

I think you need to put some sort of caution on your post to acknowledge that these rights are not universal.

I am sure if you quoted them after being arrested in North Korea they would be of little help.

https://photography-on-the.net …hp?p=12529453&p​ostcount=6


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neil_r
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Jun 03, 2011 12:06 |  #12

Thanks, you win a coconut :-)


Neil - © NHR Photography
Commercial Site (external link) - Video Site (external link) - Blog - (external link)Gear List There are no rules for good photographs, there are only good photographs. ~ Ansel Adams

  
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gjl711
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Jun 03, 2011 12:11 |  #13

It looks as if they are all derived from this document.
http://www.krages.com/​phoright.htm (external link)
I keep the Krages document in my bag. I have yet to be challenged taking pictures though but maybe that's because I do not try to push the limits.


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I used to hate math but then I realised decimals have a point.
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Woodworker
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Jun 03, 2011 16:50 |  #14

Hasn't there been enough of these photographer v authority threads already? If we really must have them on such a regular basis, could the moderators provide a sticky especially for those who feel they have a grievance against the police?

David


David

  
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Eiro
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Jun 04, 2011 01:32 |  #15

>>>> When things like this happen to you, your perspective may shift! (external link)

Woodworker wrote in post #12531209 (external link)
Hasn't there been enough of these photographer v authority threads already? If we really must have them on such a regular basis, could the moderators provide a sticky especially for those who feel they have a grievance against the police?

David


Get out and shoot

  
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The Ten Legal Commandments of Photography-Know Your Rights.
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