{"id":17679,"date":"2013-01-06T15:00:47","date_gmt":"2013-01-06T23:00:47","guid":{"rendered":"https:\/\/lightstalking.com\/?p=17679"},"modified":"2022-10-01T14:05:26","modified_gmt":"2022-10-01T18:05:26","slug":"photographers-know-your-rights","status":"publish","type":"post","link":"https:\/\/www.lightstalking.com\/photographers-know-your-rights\/","title":{"rendered":"Photographers, Know Your Rights!"},"content":{"rendered":"\n
On March 14, 2012, Temple University photojournalism student Ian Van Kuyk was sitting on the steps outside his home in Philadelphia, PA when police pulled over a vehicle just a few feet away. Spurred to action by the unexpected event, Van Kuyk began to photograph the scene unfolding in front of him in order to complete a course assignment for nighttime photography. The college junior was not using flash and promptly complied with a police officer's command to stand back. Van Kuyk, however, did not obey officers' subsequent command to stop taking photos, asserting his right to use his camera on a public street. The unsuspecting photographer was then forced to the ground and handcuffed; Van Kuyk\u2019s girlfriend was also arrested after she attempted to retrieve the camera before police could confiscate it. Philadelphia Police Lt. Raymond Evers later stated that Van Kuyk and his girlfriend were arrested for \u201cother offenses\u201d unrelated to taking photos. The camera was eventually returned to Van Kuyk with all images still intact.<\/p>\n\n\n\n
The Law and the Photographer<\/strong><\/p>\n\n\n\n Stories like this are not uncommon in our hyper-vigilant world where, ever since 9\/11, even the slightest appearance of some perceived<\/em> impropriety might propel onlookers to start throwing around the dreaded \u201ct-word.\u201d But it\u2019s an absurdity of monumental proportions to jump to the conclusion that every time you see someone pull out their camera they are in the early phases of a terrorist plot. Nevertheless, this is the reaction — or overreaction — that photographers are likely to encounter at some point.<\/p>\n\n\n\n The good news is that, whether you are a tourist taking snapshots of the local architecture or a professional photojournalist documenting a protest, you have rights that protect you (and your camera) from harassment and other violations.<\/p>\n\n\n\n Before outlining these rights I need to preface this account by stating a couple of things. First, I am not a lawyer; if you are in need of in depth legal advice you should consult an attorney. Second, I am an American citizen and, as such, consider myself unqualified to speak with any authority on the laws of other nations; while I am aware that photographers\u2019 rights in places such as the U.K., Australia, and Canada are notably similar, I can only address these rights as they apply specifically to the U.S.<\/p>\n\n\n\n The Public Domain<\/strong><\/p>\n\n\n\n The law concerning what an individual can photograph is actually quite uncomplicated: basically, if you can see it, you can shoot it. This, of course, applies to public spaces; you have the right to photograph anything and anyone in \u201cplain view,\u201d including federal\/government buildings, transportation facilities, and law enforcement officials. The two exceptions to the plain view concept are:<\/p>\n\n\n\n Thus, photographing someone through a window in their home is strictly off limits as it is understood to be a violation of their rights as a private citizen.<\/p>\n\n\n\n The Private Sector<\/strong><\/p>\n\n\n\n Taking photos on private property is also permitted so long as that property is open to the public. This may seem somewhat counterintuitive at first glance; what kind of private property is freely accessible to the general public? The most common examples of this include shopping malls, restaurants, banks, and office building lobbies. The one caveat in this situation is that the property owner has the right to set and enforce the rules for his or her property. So, if you are asked to stop taking photos and refuse to comply, the property owner can not only insist that you leave, but may also — at their discretion — have you arrested for trespassing.<\/p>\n\n\n\n The Law and the Enforcers<\/strong><\/p>\n\n\n\n Not only does the law set forth guidelines about where and what one may photograph, but it also addresses how police are expected to conducted themselves when handling incidents that involve photography.<\/p>\n\n\n\n Additional Legal Considerations<\/strong><\/p>\n\n\n\n Self-preservation<\/strong><\/p>\n\n\n\n How should you respond if you are ever confronted by the police for taking photos?<\/p>\n\n\n\n Power<\/strong><\/p>\n\n\n\n The case of Ian Van Kuyk is, unfortunately, not an anomaly. A cursory Google search will reveal an inordinate number of hits pertaining to citizens who have had to endure some level of harassment simply for taking photographs. An important factor common to nearly all of these cases is that none of the individuals in question were breaking any other laws; they were not trespassing, interfering with police, or engaging in vandalism. And in each of these cases photographers have stood their ground. The importance of this cannot be understated. The impact that photography has on society is not limited to the artistic realm, it extends well beyond the preservation of family memories; photography, as a documentary tool, often serves to keep government power in check. Does it always work? Of course not. But an awareness of the ubiquitous state of the camera in our modern world may be enough to keep at least a few public officials honest and forthright in their dealings with the citizens whom they simultaneously serve and wield power over. But when it comes to power, never underestimate the power of the average person with a camera and the impulse to make a difference.<\/p>\n\n\n\n Some Helpful Resources<\/strong><\/p>\n\n\n\n Photographers\u2019 rights in the U.K.<\/p>\n\n\n\n Photographers\u2019 rights in Australia<\/a><\/p>\n\n\n\n Photographers\u2019 rights in Canada<\/p>\n\n\n\n
Journalists Protest against rising violence during march in Mexi<\/a> by Knight Foundation<\/a>, on Flickr<\/div><\/p>\n\n\n\n
Female Photographer Morro Bay, CA 17feb08<\/a> by mikebaird<\/a>, on Flickr<\/div><\/p>\n\n\n\n