Is it Legal to take that Photo?
Sunday, April 27, 2008 @ 00:30
With the wide dissemination of small digital cameras and even camera phones, more and more people are finding themselves in difficult situations with their attempts at amateur photography. They capture shots at an accident scene only to find themselves on the unfortunate end of a lawsuit a few weeks later when it turns out that they photographed subjects that were prohibited.
So, how is a budding photographer to know what is legal and what is not? Here are a few tips to provide some guidance.
In general, you can photograph people in public places without their consent. The rule of thumb is that if the subject has no right to a reasonable expectation of privacy, they can be photographed. You can photograph someone sitting in the stands at a sporting event and certainly do not need their permission to do so. But do not try following them into the restroom because they most certainly do have a right to a reasonable expectation of privacy.
Another situation is when you happen upon an accident scene and figure you can get a few photos that you can perhaps sell to the local newspaper that probably does not have a staff photographer readily available. Yes, you can certainly do this, but remember that police and emergency workers have the final say on where you can position yourself and your camera. If they ask you to move, you ought to cooperate fully. There is no sense getting the photo, but then get arrested for taking it. A cooperative attitude will get you much farther with public officials than a belligerent one. You can always move to another location and shoot your photos from there; if you insist on hindering the work of the police or other emergency workers, you are not going to make any friends and may very well find yourself in the back of a police car with your camera equipment confiscated.
You also do not need permission from the subjects of such photos before selling them to the newspaper. Since the photograph will more than likely only be used for editorial purposes, no consent from any of the subjects is needed as long as the accident or other news event occurred on public property. It is only when the photograph is planned for use in advertising material that consent must be obtained from all parties featured in the photographs.
