Think twice before taking pictures in public

Tallon

I'm not too sure on the exact specifics of the law regarding these, but it's a very handy rule of thumb to follow.

Maybe someone can Confirm them

Thanks to digital cameras and camera phones, photography is experiencing a renaissance. Many people carry a camera everywhere they go.


But before you start snapping, ask yourself a question: Is it legal to take a photograph in this situation? Test your knowledge with this quick quiz.


(Local laws regarding photography may differ. I'll tell you what is generally permitted. It should not be construed as legal advice.)


You're photographing the exquisite steps of a public library from a nearby sidewalk.



This one is easy. It is legal to take photographs in public places. This includes streets, sidewalks and public parks. However, you cannot obstruct other passersby.


You want to photograph an older couple holding hands in a public park.



You can photograph people in public places without consent. There are exceptions, though. If subjects have a reasonable expectation of privacy, don't photograph them. For example, don't photograph someone in a restroom or locker room.


You plan to photograph your neighbor's house from the sidewalk.


Your neighbor's house is private property. However, it is visible from a public place. So photographs are legal. Get permission if you plan to stand in the driveway or yard, though.


You're photographing your neighbor's house from the street. Your neighbor is visible through the bathroom window.


Your neighbor has a reasonable expectation of privacy, even though the window is open. So don't photograph your neighbor in the bathroom. The bedroom is also off-limits.


You're on the street photographing a military base.



The military can prohibit photographs it deems detrimental to national security. Likewise, you may be banned from taking photos of nuclear power plants. And don't expect to take photos in government buildings like courthouses.


You witness an accident scene from public property. You want to sell a photo of it to a newspaper.


You can take such pictures from public property. However, don't hinder police or emergency workers. If asked to move, do so. You may take photos from another location.


The newspaper will use the photograph for editorial purposes; no consent is needed.


You're photographing children in public. You will sell copies at an art gallery.


You do not need permission to photograph children in public. Art falls under editorial usage; consent is not required.


You take pictures of people in public. You want to sell the photos via a stock photography site.


Get a model release from anyone uniquely identifiable before trying to sell the photos.


Companies purchasing your photos will use them for commercial purposes. They need a release to limit their liability. Otherwise, they could be sued.



Stock sites have their own rules governing model releases. They won't accept photos that don't meet these requirements.


You're photographing products at the supermarket.


You need permission to take photos on private property. But stores are private spaces open to the public. Owners can limit photography with clearly posted restrictions.


You want to photograph your son's soccer game at a public park.


Amateur leagues often rent public parks for events. Some jurisdictions consider the property private for the event's duration. The league can ban photography.


You're photographing an NFL game.


Many professional leagues ban photography. Restrictions should be posted. Some venues only ban professional cameras, like SLRs.


Finally, you may encounter problems taking photographs in legally permissible situations. The best solution is to avoid conflict. If in doubt, identify yourself and ask permission before taking photographs.

the_tractor

Good info.

The important point is that it depends what your intended use of the photos is.
For anything other than commercial use - basically advertising - you do not need permission/model release from people

mdebets

While such a list can be very useful, it can also be very dangerous if posted without stating for which country the list applies, as different countries have different laws regarding photography.

The above list seems to be american (as we don't have the NFL, soccer or Nuclear power plants). I don't think there is a prohibition of photogrsphing public buildings in Ireland. I also don't think a store owner needs to put up signs prohibiting photography. The part about taking pictures of your neighbour in his house from the outside seems to be worded a little bit strange. Going by this, I'm allowed to take pictures of him having sex in the kitchen, as it is neither the bed- nor the bathroom.

mrboswell

mdebets wrote: »

While such a list can be very useful, it can also be very dangerous if posted without stating for which country the list applies, as different countries have different laws regarding photography.

The above list seems to be american (as we don't have the NFL, soccer or Nuclear power plants). I don't think there is a prohibition of photogrsphing public buildings in Ireland. I also don't think a store owner needs to put up signs prohibiting photography. The part about taking pictures of your neighbour in his house from the outside seems to be worded a little bit strange. Going by this, I'm allowed to take pictures of him having sex in the kitchen, as it is neither the bed- nor the bathroom.

Think a bit of common sense should prevail but it would be nice to know the source

duffarama

mdebets wrote: »

While such a list can be very useful, it can also be very dangerous if posted without stating for which country the list applies, as different countries have different laws regarding photography.

The above list seems to be american (as we don't have the NFL, soccer or Nuclear power plants). I don't think there is a prohibition of photogrsphing public buildings in Ireland. I also don't think a store owner needs to put up signs prohibiting photography. The part about taking pictures of your neighbour in his house from the outside seems to be worded a little bit strange. Going by this, I'm allowed to take pictures of him having sex in the kitchen, as it is neither the bed- nor the bathroom.

Would come under "reasonable expectation of privacy" so no photos.

Tallon

mdebets wrote: »

While such a list can be very useful, it can also be very dangerous if posted without stating for which country the list applies, as different countries have different laws regarding photography.

The above list seems to be american (as we don't have the NFL, soccer or Nuclear power plants). I don't think there is a prohibition of photogrsphing public buildings in Ireland. I also don't think a store owner needs to put up signs prohibiting photography. The part about taking pictures of your neighbour in his house from the outside seems to be worded a little bit strange. Going by this, I'm allowed to take pictures of him having sex in the kitchen, as it is neither the bed- nor the bathroom.

I said in the OP that it's not "Our law" it's a rule of thumb.

A store owner does need to have a sign up, you can be asked to leave, but you don't have to delete a picture etc....

You are allowed take a picture of someone in their house, as long as you are on public property. The point your raising I suppose would fall into the catagory of:

OP wrote:

There are exceptions, though. If subjects have a reasonable expectation of privacy, don't photograph them. For example, don't photograph someone in a restroom or locker room.

Paulw

I think the whole posting is misleading.

It is not illegal to take photos (in most of those situations), but the actual usage of the images taken can be restricted.

There is no law prohibiting taking of photos. You can't be arrested for taking a photo.

Even in a private establishment, where they have signs saying no photos, they can't have you arrested for taking a photo. They can ask you to leave, and if you don't you can be arrested for trespass.

But again, the laws differ from country to country (and in the US differ from state to state).

melekalikimaka

Paulw wrote: »

But again, the laws differ from country to country (and in the US differ from state to state).

European Law is beginning to lob its oar in I thinks too with privacy, damn lack of definition

sineadw

Actually, you can be arrested for taking a photo AFAIK. If you're thought to be breaching the official secrets act in northern ireland by phptpgrapohing a military installation for example (was the case when I lived upb there anyway). And I'm not sure public parks are considered public land here.

mrboswell

sineadw wrote: »

Actually, you can be arrested for taking a photo AFAIK. If you're thought to be breaching the official secrets act in northern ireland by phptpgrapohing a military installation for example (was the case when I lived upb there anyway). And I'm not sure public parks are considered public land here.

Yes the term 'public park' is misleading.

JordanRHughes

I did know there were rules..

K_user

You do not need permission to photograph children in public.

But if you try it don't be shocked if you end up with a broken nose and camera...

Fionn

K_user wrote: »

But if you try it don't be shocked if you end up with a broken nose and camera...

it's not just kids - lotsa people get upset when they're photographed especially when it's uninvited.
If your photographing street or event scenes it's difficult to not include whats out there in front of you! so i guess thats one of the many risks you run - threats, violence, agression etc.

Barname

the OP is ridiculous

why would you cut and paste what is clearly from a USA source as it relates and then attempt to tie in the legal concerns that an Irish photographer should consider?

also, the thread title with its fearsome 'think twice' warning is the sort of shrill panic that society can do with less of.

major thread fail.

Ghost Train

Barname wrote: »

the OP is ridiculous

why would you cut and paste what is clearly from a USA source as it relates and then attempt to tie in the legal concerns that an Irish photographer should consider?

The OP was posted as a rule of thumb, see it says it in post

Tallon wrote:

I'm not too sure on the exact specifics of the law regarding these, but it's a very handy rule of thumb to follow

ColmDawson

Barname wrote: »

the OP is ridiculous

why would you cut and paste what is clearly from a USA source as it relates and then attempt to tie in the legal concerns that an Irish photographer should consider?

also, the thread title with its fearsome 'think twice' warning is the sort of shrill panic that society can do with less of.

major thread fail.

Ah now, I think the OP is at least interesting, at most informative but not completely relevant to Ireland. I'd like to see the Irish equivalent of the list.

jpb1974

Aye, I don't have any issues with the OP.

Take it as a rule of thumb and apply a smidgeon of common sense and you should be fine for the most part.

Tallon

Barname wrote: »

the OP is ridiculous

Not really, but I appreciate your input

Barname wrote: »

why would you cut and paste what is clearly from a USA source as it relates and then attempt to tie in the legal concerns that an Irish photographer should consider?

Exactly

Barname wrote: »

also, the thread title with its fearsome 'think twice' warning is the sort of shrill panic that society can do with less of.

Get over yourself

Barname wrote: »

major thread fail.

Thanks, I didn't realise I was posting on 4chan




If you want to provide the relevant Irish laws, that would be excellent, as I've already asked in the ridiculous OP

Tallon wrote:

Maybe someone can Confirm them

melekalikimaka

this might be SLIGHTLY less argument inciting and much more relevent

http://www.digitalrights.ie/2006/05/09/photographers-rights/

aidan18

Common sense should pervail. I take a fair bit of street photography and have been asked not to take shots of individuals Therefore I wont. People in a public place in Ireland are fair game and can be snapped regardless of what there doing,The law in th UK is totally different and it can lead to having you equipment confiscated . That IMHO is where kop-on comes into play

Fenster

K_user wrote: »

But if you try it don't be shocked if you end up with a broken nose and camera...

Not necessarily - I wound up taking great shots of a child on the beach a Lahinch last week and have had nothing but very agreeable contact with her father/family.

Barname

melekalikimaka wrote: »

this might be SLIGHTLY less argument inciting and much more relevent

http://www.digitalrights.ie/2006/05/09/photographers-rights/

IF YOU DONT BUTT OUT .......................grrrrrrrrrrrrrrrrrrrrrrr

mr.interested

What about taking pictures of US Embassy in Dublin (or any embassy), while staying outside the embassy, on the footpath?

Borderfox

Could be classed as sensitive but wouldnt worry too much unless you wake up in Guantanamo Bay

The Embassy might fall under military juristiction but if you are on public property taking the picture you should be fine.

smash

Someone once told me that if you photograph someone in public it's ok, but if you keep shooting them, it can be considered stalking.. ???

Mountainsandh

I once got a fright back in France after photographing the terrasse of a cafe from across the road. Hadn't occured to me unsavoury characters (more than likely drug dealers) could be sitting there and this man got up, crossed the road, and demanded to see the pics. I was lucky I had been focusing on the written signs of the cafe rather than the people and that satisfied him, but I did get a bit of a land as you would say.
I'd think twice before taking a pic of a stranger out now, location is a big consideration.
The man didn't look like a gangster by the way (he did sound like one though :eek:).

sineadw

France is an *entirely* different story to Ireland, so far at least. We might just catch up with them yet.

aidan18

mr.interested wrote: »

What about taking pictures of US Embassy in Dublin (or any embassy), while staying outside the embassy, on the footpath?

Dont take pictures of the American Embassy They are very sensitive and will make you delete your snaps. Trust me !!

magicbastarder

aidan18 wrote: »

Dont take pictures of the American Embassy They are very sensitive and will make you delete your snaps. Trust me !!

'they'? who are 'they' and what legal right do they have to make you delete them?

CabanSail

aidan18 wrote: »

Dont take pictures of the American Embassy They are very sensitive and will make you delete your snaps. Trust me !!

They don't actually have the right to make you delete photo's. Apart from the fact that it's not easy to really delete photo's, if they are illegal then they are destroying evidence.

What is a legal requirement and what people with a bit of authority get away with by bluff can be two quite different things.

aidan18

aidan18 wrote: »

Dont take pictures of the American Embassy They are very sensitive and will make you delete your snaps. Trust me !!

I was talking pictures and a branch car pulling up beside me and I was questioned on why I was taking pictures of the US Embassy. after a brief discussion I was asked politely to delete them. I agreed to delete the 2 snaps as it wasn't worth the hassle also I was with my family at the time.

aidan18

CabanSail wrote: »

They don't actually have the right to make you delete photo's. Apart from the fact that it's not easy to really delete photo's, if they are illegal then they are destroying evidence.

What is a legal requirement and what people with a bit of authority get away with by bluff can be two quite different things.

I agree, but as I said it was worth argueing with the branch officers. They were ok with me and the reasons why I was taking the shots but they got the call from the embassy itself and they were following up.

Kintarō Hattori

You're almost making me want to go there and take pictures of that hideous building. Hmnnn I think I have a free weekend...

Ghost Train

some nice photos of the us embassy on google streetview. I guess you will be approached if you're outside there long enough and then it could go a few different ways

this is what happens in the uk if thats any use, not relevent to ireland of course, guy is searched and let go

https://www.youtube.com/watch?v=6qZJiaSxGMw

http://www.infowars.com/busted-under-terrorism-act-for-photographing-us-embassy-in-london/

Paulw

Mountainsandh wrote: »

I once got a fright back in France after photographing the terrasse of a cafe from across the road.

France has some strict privacy laws (many came in to effect after Diana was chased by the paparazzi and died).

CabanSail

Paulw wrote: »

France has some strict privacy laws (many came in to effect after Diana was chased by the paparazzi and died).

Maybe they should have just enforced their Seat Belt and Dangerous Driving laws. :rolleyes:

Kintarō Hattori

Ghost Train wrote: »

some nice photos of the us embassy on google streetview. I guess you will be approached if you're outside there long enough and then it could go a few different ways

this is what happens in the uk if thats any use, not relevent to ireland of course, guy is searched and let go

The police officer says the guy has to stop filming while he is being searched and that he can't just leave it recording. Is this the case?

I've seen video from similar encounters where the photographer/videographer has just let the video run until the encounter is over and no-one seemed to have an issue about that.