Tag Archives: public places

The War on Photographers

PopPhoto has a great article on photographers falling foul of the police and security guards for taking pictures called The War on Photographers

amateur and professional photographers all over the country are being stopped and harassed with no legal basis. As digital cameras proliferate wildly, so do attempts to restrict what you can shoot and how you can use the picture. And not all attempts to quash photography have to do with national security concerns. Some invoke copyright and trademark protection, others the privacy both of celebrities and ordinary people. But you can fight back. Knowing your rights and restrictions as a photographer is a good first step. When cases reach the point of legal proceedings, they’re usually settled in the photographer’s favor, according to lawyers who have represented photographers in court. However, sometimes your own understanding of the law isn’t enough. According to his suit, when Jim McKinniss told the police officers that he was on public property and thought it was legal to photograph, “One of the officers asked if [I] had heard about September 11 and asserted that, since the terrorist attacks…it was illegal to photograph bridges, airports, and refineries.”

This is a crock. There’s no law in California or anywhere else in the U.S. that prohibits shooting such places from a public locale. You can even photograph inside airports, if you don’t point your camera at security checkpoints.

“These laws just don’t exist,” explains McKinniss’s attorney, Robert Myers, who took his case pro bono. “A law that attempts to prohibit photography from places open to the general public would be unconstitutional.”

The piece features some great, quite scary, stories plus some tips on how to handle the situation if it ever happens to you.

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Photography and the Law: Arrested for snapping a Policeman

Yet another worrying event in the ongoing “law versus photographer” trend. The latest reported by Thomas Hawk is a guy who was arrested for taking a photograph of a policeman making an arrest …

Cruz, 21, told the NBC 10 Investigators that police arrested him last Wednesday for taking a picture of police activity with his cell phone. Cruz said police told him that he broke a new law that prohibits people from taking pictures of police with cell phones. “They threatened to charge me with conspiracy, impeding an investigation, obstruction of a investigation. … They said, ‘You were impeding this investigation.’ (I asked,) “By doing what?’ (The officer said,) ‘By taking a picture of the police officers with a camera phone,’” Cruz said. Cruz’s parents, who got him out of jail, said police told them the same thing.”

This is very worrying, society needs to know that the Police are accountable and that means the ability for a citizen to make documentary evidence. I just hope it is a one-off bad judgment by an individual police officer and not policy.

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Photography, the Law and Privacy, Again

Yet again the law governing photography in the USA has been tested, this time landing in favour of the photographer. This was particularly interesting as it was not just a privacy issue but one of religious rights also.

A New York court ruled this week that a photographer who took pictures of subjects on the street without their knowledge and then made hundreds of thousands of dollars selling those images did not have to get the permission of his subjects because the intention of the work was art, not commerce. The ruling reaffirms that people in public spaces cannot assume any privacy privilege, even if, as in this case, the subject was an orthodox jew, who regard portraits as graven images and disgraces the man in his community.

Source: blog.photoblogs.org

As a photographer I enjoy taking pictures of people, scenes seem more alive with people in them, but I do not see it as a “right”. I wasn’t aware of this particular religious belief but I feel like I would prefer to be sensitive to it rather than inflame the issue by selling the photograph (marketability of my photography aside!).

Should we be able to take and sell photographs of people just because it is in the name of art? Does this cross over into rulings around photographing children?

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