I actually found this on Photojojo in March of 2008, but I’ve been so busy I’m only just now getting around to sharing.
Before get into it, I want to point out that having this knowledge at least in part memorized will always come in handy. Short story: back in December I was unfortunate enough to have a room at the Delta. That same night Shanneyganock were having a concert, which may be related to the fact that the fire alarm decided to go off at 1am in the morning (Monday morning that is). After no immediate announcement regarding if we were to take any action, I grabbed my camera and went downstairs to shoot photos. After 10minutes of shooting photos from inside the lobby, moving outside and now across the street, a security guard approached me and asked me to stop taking photos. First I asked him why and he just said “I want you to stop taking photos that’s why” and I, not being one to take much guff from anyone, politely and forcefully advised him that “You can not actually tell me to stop taking photos. I’m currently on public grounds (we’re standing on the sidewalk) and it’s well within my rights as a Canadian to take pictures of anything whilst on public grounds. I can take YOUR picture if I so desire and there isn’t ANYTHING you can do about it. Now, if you want to further persist I cease taking photos, I can ask that police officer over there to come over here and give you the same lecture” He told me to “have a good night” and he walked away.
Point is, know your boundaries, respect the law and use it as your hammer when someone tries to clamp down on you.
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.
What To Do If You’re Confronted
- Be respectful and polite. Use good judgement and don’t escalate the situation.
- If the person becomes combative or difficult, think about calling the police.
- Threats, detention, and taking your camera are all grounds for legal or civil actions on your part. Be sure to get the person’s name, employer, and what legal grounds they claim for their actions.
- If you don’t want to involve the authorities, go above the person’s head to their supervisor or their company’s public relations department.
- Call your local TV and radio stations and see if they want to do a story about your civil liberties.
- Put the story on the web yourself if need be.
More Resources
