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News & ArtsWednesday, July 21, 2010
Media / Visual Art Photographs in Public Places: What Are Your Rights?
Posted by Paul Constant on Wed, Jul 21, 2010 at 1:01 PM
Popular Mechanics looks into the legality of taking photos in public places.
Legally, it's pretty much always okay to take photos in a public place as long as you're not physically interfering with traffic or police operations. As Bert Krages, an attorney who specializes in photography-related legal problems and wrote Legal Handbook for Photographers, says, "The general rule is that if something is in a public place, you're entitled to photograph it." What's more, though national-security laws are often invoked when quashing photographers, Krages explains that "the Patriot Act does not restrict photography; neither does the Homeland Security Act." But this doesn't stop people from interfering with photographers, even in settings that don't seem much like national-security zones.
As security guards everywhere get more and more cagey about public photographs—The Stranger has covered this kind of thing before—it's important to know your rights.
1
Print out Bert Krages' one-page PDF summary and carry it with you: http://www.krages.com/ThePhotographersRi…
Also, Andrew Kantor's got a really good, though longer, doc: http://www.andrewkantor.com/useful/Legal…
Note that in a private place that is open to the public (like the mall), you are legally allowed to take photographs, but they are legally allowed to trespass you and escort you off the property. They can't take your camera or pictures though.
Also, Andrew Kantor's got a really good, though longer, doc: http://www.andrewkantor.com/useful/Legal…
Note that in a private place that is open to the public (like the mall), you are legally allowed to take photographs, but they are legally allowed to trespass you and escort you off the property. They can't take your camera or pictures though.
2
Once, I was working for a campaign for a ballot measure in support of a local transit system. I went down to the transit station -- very public, where all the people stand around waiting for the bus -- to take photos for a brochure.
A rent-a-cop came out and questioned me, and specifically used the phrase "homeland security." As if I was taking photos to better plan my bus bombing. As if, had I actually been planning a bus bombing, I needed to take photos to do it. As if, had I wanted to bomb something at all, I would have targeted a small town transit station. Or maybe he was just bored.
I acted confident, and implied I had some kind of official permission to be there, and he wandered off. I can easily imagine other rent-a-cops being more assholeish and claiming I wasn't allowed to take photos.
A rent-a-cop came out and questioned me, and specifically used the phrase "homeland security." As if I was taking photos to better plan my bus bombing. As if, had I actually been planning a bus bombing, I needed to take photos to do it. As if, had I wanted to bomb something at all, I would have targeted a small town transit station. Or maybe he was just bored.
I acted confident, and implied I had some kind of official permission to be there, and he wandered off. I can easily imagine other rent-a-cops being more assholeish and claiming I wasn't allowed to take photos.
3
Be warned, though: Photographing (and especially videotaping) cops, while ostensibly legal, can get you into a world of hurt really quickly.
4
I took a picture in the front yard of my building where my bldg. mgr. was planting flowers and she flipped out and ordered me to delete it. She even sent me a form to sign, swearing I had deleted it. I could have said "fuck you" but I didn't want to sour our relationship.
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@3, 7 - It's not ostensibly legal, it's actually, really, completely, indisputably legal.
Know your rights, carry the doc Fnark linked to, and be firm but polite. Most cops will back down. If you yell and scream and call them fascists, you're not likely to have a good experience.
Know your rights, carry the doc Fnark linked to, and be firm but polite. Most cops will back down. If you yell and scream and call them fascists, you're not likely to have a good experience.
13
If don't you yell and scream and call them fascists, you're not likely to have a good experience.Looks like somebody's angling for shot at guest hosting Savage Love.
16
I was arrested in Albuquerque last November after some TSA security guards and airport police didn't like me taking pictures in the airport. I was charged with criminal trespass, disturbing the peace, concealing identity, and obstruction. See the Identity Project's FAQ for details. Carlos Miller blogged it. Sherri Davidoff dug up and reported the fact that I'd previously received permission to photograph at ABQ. My jury trial is scheduled for September 8, 2010.
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