I hosted a presentation the other day on photo organizing and afterwards an attendee asked me about his rights as a photographer. He mentioned he was told by a police officer that he could not be taking photos in a public place. He knew he could but he did not want to make a scene. If I get this question again I will recommend a set of Photographers’ Rights Cards. Please keep in mind 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.
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.
Remember – 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.
Megan McCourt says
Fascinating, Rita! This is the first I’ve ever heard of these cards. Thanks for sharing!
rita says
Megan, you are welcome. I thought it would be helpful for both amateur and professional photographers, and something I can share in future presentations if asked.
Philip Griffith says
This is great. I didn’t know several of these and have heard of people being told they can’t photograph things on this list that are ok. I do think there is some common sense that you need to exercise when taking photos.
rita says
I agree Philip, common sense is a key common denominator in all of the rights. Thanks for your comment.
Michelle says
This is great info Rita! Thanks so much for sharing it! I didn’t know several of these and this will definitely come in handy!
ThePearLady says
What an insightful post! Thank you for writing / sharing this info. 🙂
Rita says
Thank you for stopping by and commenting and welcome to Photovation.
Cassi says
Interesting guidelines. I haven’t heard of most of these but then again I’m usually only taking pictures of my family.