A message that encourages the violation of a photographer's right.
Photography is all about painting with light – particles that make up light, called photons, enter your camera, strikes the CCD or CMOS sensor (or for conventional ones, the film and starts an interesting chemical reaction) and you have a scene frozen in time. The product of the process is called photograph, and the action by which youare paitning with light is called photography.
Now digital cameras are becoming a household electronic – you’ll find at least one of those in any household in modern countries. As digital cameras becomes a wildly popular hobby with millions of photographers, from amateurs to professionals, backing the growth of the industry, photographer’s right becomes a prickly issue that gets thrown into the limelight now and then.
Some figures of authority, ranging from police officers to guards, looks upon the act of photography scornfully. They think photography breaches personal privacy (in certain cases, yes, but not applicable universally!), exposes trade secrets, preempts terrorist attacks (read the poster above) and obstructs justice.
Here are some shocking news to share:
- May 2008: An Iraqi news photographer got beaten up by police officers at a scene of a suicide bombing, although permission was already sought from a higher authority [»]
- November 2007: Amateur photographer Phil Smith was stopped by police officers from photographin Christmas lights because he doesn’t have “a license to use the camera” [»]
- July 2007: A former royal bodyguard who held a gun to a freelance photographer’s head after pursuing him in a car chase has walked free from court [»]
- September 2006: A photographer from the MK News was handcuffed and arrested after trying to take a picture of a road traffic accident. Despite standing behind a police cordon to take his pictures, he was confronted by road traffic police sergeant after attending the scene of a crash [»]
- July 2006: A 21-year-old teenager, Neftaly Cruz, was arrested by police officers after he was caught photographing the arrest of a drug addict in his neighbourhood using this phone [»]
- Find more news here.
Your rights, as a photographer
The rights are simplified for easy understanding ;) in 5 simple statements,
1. If you can see it, you can shoot it – This means that when you’re on public property (that’s when parks, roads, playgrounds, nature reserves, pedestrian walks and etc comes into mind), you can shoot anything you wish without seeking anyone’s permission. Neither do you need to stop photographing if a figure of authority asks you to, or question the motive behind your action – you’re in the comfortable zone of being a law-abiding photographer. You are free to photograph pedestrians on the street, babies on strollers in a park, police officers on patrol and etc.
2. You can shoot in places made accessible to the general public, EVEN if it’s on private property – So the guard at The Gardens shopping mall which stopped me from photographing the internal space is wrong. The rule of thumb goes like this: if you have the permission to enter, you have the permission to take photos. So in places such as shopping malls, lobbies of office buildings and amusement parks, you can shoot without any form of restriction.
3. You can shoot the following subjects, perfectly legally – As long as they are visible from places designated to be accessible by the general public, you can shoot (1) accident and fire scenes, (2) children, (3) celebrities, (4) bridges and other infrastructures, (5) transportation facilities like airports, subway stations and buses, (6) criminal activities and (7) law enforcement officers.
4. Nobody has ANY right to confiscate your photos and/or the storage media – Even when it comes to law enforcement officers, nobody can force you to surrender your photos, or the storage media where your photos are stored, under any circumstances. Without a court order, taking your film directly or indirectly by threatening to use force (for example, trying to wrestle that camera out of your hands) or call a law enforcement agency (such as the police) can constitute criminal offenses such as theft and coercion.
5. Other parties have limited rights to question you – You are under no obligation to explain the purpose of your photography nor do you have to disclose your identity except in states that require it upon request by a law enforcement officer. Private parties have very limited rights to detain you against your will and may be subject to criminal and civil charges should they attempt to do so. So when a mall security guard, a lobby doorman questions you over the purpose of photography and asks for your identity, IGNORE them. However, when approached by a law enforcement officer, do disclose your identity, but they have no right to do anything beyond that, such as arresting you, intimidation and confiscation of your equipment. These actions can be filed as kidnapping, coercion and theft.
What you cannot do!
Be very surprised! It’s actually a short list.
1. Do not shoot government buildings - For the ‘if you can see it, you can shoot it‘ rule, exceptions will be government buildings like military installations and nuclear power plants (most probably there’ll be a designated area for photography, so DO NOT venture beyond that area!).
2. Do not shoot people who expects a reasonable degree of privacy – You cannot shoot someone who’s expecting a reasonable degree of privacy – shooting your neighbour’s raunchy weekend through telephoto lenses if she has her curtains draped, is an offence and an intrusion of personal privacy. That also means no climbing into school ground to shoot children.
It’s trickier when it comes to publishing
Publishing a photo comes with restraints, but they’re civil rather than criminal.
1. Do not reveal private facts of the subject – Do not show things reasonable people would not want to make public, unless it has already been done (i.e., the facts already released into public domain). So don’t post the photo of your neighbour digging his nose at home!
2. Do not show someone in bad light – For example, photoshopping a person’s face.
3. Do not sell photos featuring copyright work – Do not photography an art piece and sell it, unless it’s permitted!
4. Do not put someone else’s likeness to commercial use without their permission – using a photo of someone in an ad, for example.
Sources:
- The Photographer’s Right by Bert P. Krages. To make life easier for you as a photographer, you can always print it out, fold it and carry it along with you whenever you bring your camera. If someone approaches you and questions your motive, shove that in their face :D
- New digital camera? Know how, where you can use it by Andrew Kantor.
- Misinformation about your photography rights continues to spread by Andrew Kantor.
There was this once during CNY when I was photographing my neighbour’s fireworks when a police car showed up. They sort of gave my neighbour a warning while I continued filming everything. I was foolish enough to lift up the tripod to get a better angle, thus making it very obvious I was filming the cops.
When they were about to leave, they spotted me filming and screeched right in front of my gate and sort of verbally threatened to confiscate my digicam if I continue filming them, then they sped away with me shaking to the toes. =(
Things like these happen. You know its legal, but when you get caught doing it, you’ll have to face consequences. There may not be an arrest, but there’s bound to be threats and intimidation thrown at you, to name a few.
Your article has boosted my confidence in photographing in public areas though! :smile:
Check out ember’s last blog post: Greetings in the rain.
Wow that must be a really horrible experience. I can feel how bad is it to be approached by a police officer… even if you’ve done nothing wrong, you can still feel your heart beat racing, feel the shortness of breath, increased perspiration. It’s a natural reflection I guess.
Your encounter with the police officer reminds me of this news (it’s also in the post):
I think both of us know the way Malaysian law enforcement officers work right? They usually prefer force and money over logic. No point arguing with them about photographer’s right, since even the general public don’t know much about such rights. I doubt that they’re ever educated on such rights… and look, even when they’re told that corruption is a crime, they still go around collecting bribes, don’t they?
My dad was driving on the ELITE highway (I forgot what the abbreviation meant) last year and we got pulled over by a traffic cop, claiming that we’re speeding. My dad was only driving at 90kmph while Malaysian highways have the upper speed limit of 110kmph. When my dad wound down the window, the cop immediately stuck his open palm in, and asked for MYR50. I was VERY, VERY disgusted, really. With a camera in hand, I had the impulse to tape everything down and report it to a higher authority. But in the end I didn’t, although I know that filming a cop on camera does not violate any laws or regulation.
Impressive article, thank u dude :)
Check out Basilakis’s last blog post: Jailbait Video 23
I know about the public places thing but what about museums and exhibitions? A lot of them ban photo-taking but I think they’re public places too.
“‘public place’ means a place that at any material time is open to or is being used by the public whether free or on payment of a charge and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place…”
In my country, I’ve been to museums and exhibitions where photography are allowed. It’s just that they’ll request you not to use camera flash when taking photos because the intensive light energy will cause degradation of works (but I’m not sure how). Art exhibitions can be a little trickier because the pieces on display are usually copyrighted and they do not want you to take photos and then profit from them.
Thanks for the definition of ‘public place’ ;) it’s really handy to have someone studying law, LOL!
This is really useful. I’m pretty sure most of us hobbyists have experienced this at some point. So it’s good to be kept informed.
Definitely! This is not the first time I’ve been questioned over the purpose of photography. But usually most of the guards are nice, they’ll back off or something. But the recent incident in The Gardens made me feel a little unjust. The guard told me to stop photographing, and I can see him staring at me as I walk away until I was OUT of the mall :evil:
this is really informative. thanks for sharing! (:
Check out Nadine’s last blog post: The Morning After
Just something to be aware of, this varies from country to country. Check with your local law first. :)
*takes off his lawyer pants*
Other than that, nice post Teddy :)
Check out Harrison’s last blog post: iPhone 3G
Yep. I doubt whether I will exercise such rights in my country where the police prefers bribe and force over logical reasoning… the best thing is to use good judgement – try to avoid an argument or a skirmish if ever possible ;)
I agree with Harrison. I am sure the context of this law may differ from country to country, and I am sure there are some “modifications” if this law were to exist in Singapore. I mean, it’s Singapore! Haha! :roll:
The photographer’s right is re-assuring, though, and it’s a great read! Thanks for sharing this with us photographers — well, in my case, aspiring photographer! =D
Check out Id’s last blog post: A Summer Place.
I guess I’m lucky to live in a country where I can (and will) exercise my rights.
Check out Harrison’s last blog post: iPhone 3G
@Id
I believe that with the basic human right framework in place, the context of a photographer’s right is applicable universally. In Singapore, maybe the police will question you if they find you taping the opposition party’s rally, but so far I’ve never heard of the use of force or acts of violence by the Singapore police force. I’ve read on Newpaper last year about foreign tourists photographing a rally by the opposition party. Although police officers did intercept the rally, no photographers were asked to surrender their photos / equipments, not to mentioned arrested or detained.
@Harrison
Yea, be lucky for it! I doubt Malaysian police gives any damn about human rights… there was this case of a woman being strip-searched in a police station and the whole process got filmed. Well, what do you expect from my country? :P all I can say for photographers in my country is to use good judgement ;)
I wasn’t aware of the rights I have, thank you for making such a good post about it :grin: I don’t know which country these rules are for, perhaps it’d be an idea to add that to the blog post? I’m thinking it’s Malaysia, since it’s your country. I don’t know whether Norway differs from those or not, they seem pretty justifiable and logical. I’ll have to look into it. *Wanders off googling*
Check out Hanne’s last blog post: Jingle Bells!
You’re welcome Hanne ;) anyway, these rules are applicable in the US since I’ve obtained the information from articles published in the US. But I strongly believe that as long as the basic human rights framework is in place, the photographer’s right is applicable. I believe in Norway, these rights are perfectly exercisable :)
I’ll be updating this post soon… thanks for the reminder!
TeddY, this is a very informative post, and I think you did a great job in summarizing the do’s and dont’s of photography.
I just have one simple Q. Can we snap photo in a restaurant? There is a buffet restaurant in the heart of KL, which disallow their patron from snapping picture in the restaurant.
Check out hp84’s last blog post: Dreary Fuzzy
Thanks for the compliments Hanping! I believe that as a photographer myself who’s more informed about the rights a photographer is entitled to, I should have the responsibility of sharing it as well. I hate it when photographers are not treated with respect just because they have an interest in the art of photography.
Generally, it’s a no, since I believe (well, I might be wrong :razz: but that’s my personal opinion) a restaurant is a private property and thus if the landowner prohibits photography or recording activity, we should oblige to his wishes. Normally, pubs and clubs in many cities around the world prohibit photography and recording, just for you to know.
Thanks for the answer. Perhaps, we should check it out before snapping picture in private property.
Check out hp84’s last blog post: Dreary Fuzzy
This was a very enlightening entry, Teddy. I’m always afraid to take photos around my city, because people will think I’m some kind of voyeur or something. :???:
But this was very helpful as I now know more or less where I can and can’t take photos. Thanks Teddy!
Oh yes, and I’m sure this is an obvious one, but gyms are also a no-no. Privacy reasons, of course. Sometimes I wish I could take a photo of that old man wearing tight spandex, just for giggles. :grin:
Check out Lucy’s last blog post: Not so wise today
Thanks Lucy for the compliments ;) heheh. I’m afraid of whipping out my camera in public and be a shutter-bug because in my country people usually will stare at you. It just makes you feel very out of place!
Gyms are a definite no-no. I guess most gyms have written rules and regulations about the prohibition of photography and/or other forms of recording (visual and aural). They wouldn’t want people who’ve paid a hefty sum for their memberships complaining about privacy right?
How interesting! I never knew about the rights we have when taking photos in public. I have to admit i’m usually too embarrassed to whip out my camera and take photos of cute kids or random people i come across- so it’s probably a good thing i’m more interested in taking photos of food :D Anyway your university classes should be starting soon yeah, Teddy? How’re you feeling about it?
Same here ;) out in public I do not dare to whip out my camera and make myself a shutter-bug because I know that will attract a lot of curious, prying eyes… well taking food is better since you don’t need to ask a food’s permission, LOL!
University classes starts in a week’s time… I’m still getting lost in the campus without a map, so I shall get myself familiarised with the area :) my senior told me that the most embarrassing thing to happen to one on the first day of school is arriving at lectures late because you got lost, haha!
It’s illegal to take photos in a lot of our malls, and public places here, but occasionally, you still see people snapping pictures using their mobile phones, etc. If the guards spend their time caring about this issue, they’re obviously missing out on more important things, such as stopping crime, etc. :P
Check out Brandy’s last blog post: Bootsy is back.
You’re right. I find it absurd to restrict photography in shopping malls because it’s an area accessible to members of a public. I understand that it’s on private property, but if they allow public access, they should be prepared to allow photography of any kind. Guards usually do not care much about people snapping using phones… they are usually more concerned those who’re carrying big bulky dSLRs. I hated that kind of discrimination – it’s the same thing over in my country. For some reason people think photographers using dSLRs are more dangerous than those using consumer-grade ones or mobile phones. Weird.
so, at the end, does it legal or not to shoot house on fire? or a robery? i’m getting nuts with these police cops legal issue. demmit those media haters!
Nope, not at all. You don’t have to ask for anyone’s permission, as along as you’re shooting in a public place. However, always use good judgement. The best thing (and the most ethical thing) to do when witnessing an accident or a mishap is to offer help to those who are injured or need urgent medical attention. Usually temper flares when photographers approach victims because they should be offering help instead of snapping away.
This is a very informative post and i didn’t know about my right as a photographer. Thanks for the amazing information Teddy! :mrgreen:
Not long ago, i was walking about at the Pavilion shopping mall when i saw a man taking pictures of the Pavilion mall itself just like everyone else! A few moments after that, two security guards went up to him and threaten him to delete the photos and i was scared eventhough i’m not the one as I wasn’t sure that we couldn’t take photos of the mall itself. :sad:
Check out Melissa’s last blog post: Little Lady
Thanks for the compliments! I feel that it’s my responsibility to share this information since I’m a photographer myself, and has experienced a fair bit of the infringement of my rights. The two security guards are definitely WRONG to (1) threaten the photographer – that’s tantamount to harrassment and coercion (2) request photos to be deleted because it’s a PRIVATE property. If they really want him to delete them, get a court order first :razz: heheh!
Photographer’s Right – For Everyone….
This article is about how and when you can exert the universal rights of a photographer. The general rule is that you can shoot from a public area, and nobody has the right to stop you from doing so. The article also touches on the details of such righ…
Teddy, I remembered I read this post when you published this, but I couldn’t recall where I read it. so I searched it on google but I couldn’t find it until I saw this title in my RSS feed and quickly clicked to it. and I was like, duh! how can I not remember I read it on your blog! LOL.
anyways, thank you for such helpful post. Now that I have a DSLR, I need to know my rights. now, I won’t have to be scared to pull out that huge black shooter out of my bad and snap away. hehe.
Woah it took me more than 2 weeks to reply to this comment… sorry for the uber-late reply Aisyah! Your story of losing and then finding back my post is just too funny! It gave me a good laugh haha!
It’s weird that dSLRs make us better targets for people since they think the photos we take are more dangerous than the usual digital cameras, haha! Don’t be afraid of shooting Aisyah! Your phography skills are really improving very quickly, and it is especially evident in your Shoot Shoot Bang Bang with Azima post, heheh!
[...] an article on Photographer’s Rights. Know your rights a photographer is entitled [...]
[...] to search about the subject for Malaysia and I can’t seem to find any authentic information. This blogger here feels more like Sunny and believe the simple rule of thumb is, if you can see it, you can shoot it [...]