Law for taking photos of people in public?

monkey junkie · 24-04-2007 05:23PM #1

Hello,

If I take a photo of a person in a public place (street, pub, nightclub, etc.) can I use it, or is that person entitled to privacy?

I know there is somethinkg called "being in the public domain" but how specific is that?

Thanks...

FreeAnd.. · 24-04-2007 05:36PM

bookmarked this from a while back should give you some insight..

Photographers Rights..

pete4130 · 24-04-2007 05:39PM

A pub or nightclub would not be classified as a public place as it is private property. You are entitled to take photos from public property onto private property though.
You can take anybodies image on public property and print or publish it in any way you desire as long as you do not cause defamation of character, ie. taking a photo of someone begging for money and publishing it titled "dirty junky thieving scumbag" could get you into alot of trouble as you have no proof whatsoever that this person is a "dirty junky thieving scumbag". Once you don't print anything with the image that can degrade or defame a persons character there should be no problems.
It is illegal to take photographs of members of the Gadrai without their permission though and they are entitled to confiscate/destroy your film or make you erase/confiscate your memory card.
I know the law in France is that every person owns their own image which means it is effectively illegal for you to take someones photo without their permission as their image is classed as being their property and is technically "stealing" their image.

monkey junkie · 24-04-2007 05:50PM

Great, thank you

TJM · 24-04-2007 06:11PM

FreeAnd.. wrote:

bookmarked this from a while back should give you some insight..

Photographers Rights..

I should point out that the law here is fluid. If the Privacy Bill is enacted in its current form we'll certainly have to revisit that pamphlet. And don't get me started on the decision in Sinnott v. The Carlow Nationalist.

magicbastarder · 24-04-2007 10:21PM

pete4130 wrote:

You can take anybodies image on public property and print or publish it in any way you desire as long as you do not cause defamation of character, ie. taking a photo of someone begging for money and publishing it titled "dirty junky thieving scumbag" could get you into alot of trouble as you have no proof whatsoever that this person is a "dirty junky thieving scumbag". Once you don't print anything with the image that can degrade or defame a persons character there should be no problems.

unless you use the image for commercial purposes, e.g. advertising. an important point you forgot to mention.

Fionn · 25-04-2007 12:38AM

i'm sure the central point or focus of the photograph has to be taken into account too - like if your taking a photograph of lets say, the GPO in Dublin and someone is in the frame it could be argued that if the intent was to capture the GPO and its arcitechiture well the person not being the main part of the picture is part of the "Public" and has little rights as to the photograph

Fionn · 25-04-2007 12:40AM

but anyway
thats a scream about the privates in Carlow!! lol

jasus like just get over it..reminds me of Scarey Movie lol was on tonight!!!

PaulieC · 25-04-2007 10:44AM

I was walking past the US Embassy in Ballsbridge on Sunday and was wondering to myself what would happen if I was to stand across the road and take pictures of the building all day.
I'm standing in a public place, taking pictures of a private property, no people involved.
I wonder how long it would take for the bizzies to cart me off?

jaqian · 25-04-2007 12:26PM

cambo_gueno wrote:

I was walking past the US Embassy in Ballsbridge on Sunday and was wondering to myself what would happen if I was to stand across the road and take pictures of the building all day.
I'm standing in a public place, taking pictures of a private property, no people involved.
I wonder how long it would take for the bizzies to cart me off?

Oh I love a good experiment.

magicbastarder · 25-04-2007 12:32PM

cambo_gueno wrote:

I'm standing in a public place, taking pictures of a private property, no people involved.

there are certain public places where photography can be illegal; e.g. steps of courthouses, garda stations, and the like. you may find embassies and other security sensitive places are also covered.
an alternative is that photography may be not be banned, but that it would be adequate cause for the gardai to bring you in to check out that you're up to no good.

Lochaber · 25-04-2007 02:05PM

Fionn wrote:

i'm sure the central point or focus of the photograph has to be taken into account too - like if your taking a photograph of lets say, the GPO in Dublin and someone is in the frame it could be argued that if the intent was to capture the GPO and its arcitechiture well the person not being the main part of the picture is part of the "Public" and has little rights as to the photograph

Well, I can't answer the question definitively however I did try to take photos of people protesting once and they very rudely told me it was illegal... so I went to ask a garda down the street who hadn't seen the protest just if it was illegal to take photos of a random person on the street and he said that it was... but that if you were taking a picture of a building or O'Connell street and there happened to be people in it then that was okay.

now this was some cop on the street on his normal beat and he was very surprised by the question, I'm not sure if he would have been entirely familiar with the intricacies of the law, it's not like he quoted any acts or anything. For example I don't know if it's fine to take pictures of crowd of people if it is the crowd as opposed to the people that are the subject. However since I've been told by a cop I'm inclined to go along with it and ask for permission if I want to take photos of people...

Anyway, I don't really take photos of people so I haven't looked further into it but it might be worth checking...

magicbastarder · 25-04-2007 02:08PM

the cop was wrong. otherwise every single candid photo would be a crime.

Covey · 25-04-2007 03:00PM

The Cop was indeed wrong. It's not illegal, subject to certain places outlined above.

However, they can invoke a plethora of other laws to stop you.

Interesting case in the UK though where the cops confiscated a press photographers camera for taking photos of a road accident. they had to formally apologise.

HarryD · 12-02-2009 05:35PM

Sorry to dig up an old thread, but does anyone know what the legal stance is on publishing video shot in public.

Is permission required from all recognisable faces?

I'm sure permission is not sought in all cases:
- News report on grafton street- many people walking in background

But seems to be sought in other cases:
- Some TV programs shot in public will blur some faces (obviously the ones that they didn't get permission from)
- Signs at Concerts - entering venue = consent to have face published.

Can someone take a case if their face appears in media without their permission?
Perhaps if it's for a DVD or other recording then permission is needed.

Tia,
HD.

KC JONES · 07-12-2009 04:16PM

pete4130 wrote: »

.
It is illegal to take photographs of members of the Gadrai without their permission though and they are entitled to confiscate/destroy your film or make you erase/confiscate your memory card.
.

That is not true is it? http://www.independent.ie/national-news/two-gardai-convicted-of-assault-outside-pub-1965153.html

Paulw · 07-12-2009 04:22PM

The Gardai have no right to make you delete photos at all.

If you are breaking the law, then they need you to keep the photos, to be used as evidence.

If you're not breaking the law, then they have no right to ask (I repeat - ASK) you to delete your photos. They certainly have no power to demand you delete images.

The Gardai have no more right to privacy than anyone else. But, of course, you should respect someone's wish not to be photographed, for the most part.

KC JONES · 07-12-2009 04:28PM

Paulw wrote: »

The Gardai have no right to make you delete photos at all.

If you are breaking the law, then they need you to keep the photos, to be used as evidence.

If you're not breaking the law, then they have no right to ask (I repeat - ASK) you to delete your photos. They certainly have no power to demand you delete images.

The Gardai have no more right to privacy than anyone else. But, of course, you should respect someone's wish not to be photographed, for the most part.

so then it is not illegal to photograph a cop without bhis permission

Paulw · 07-12-2009 04:30PM

KC JONES wrote: »

so then it is not illegal to photograph a cop without bhis permission

Correct. I've certainly never seen any legislation to say it's illegal.

Anouilh · 07-12-2009 06:18PM

Ireland is very relaxed about most street photography.

However, when you travel be sure not to offend.
I got yelled at for snapping a beautiful interior wall while standing on the street in Rome, even though I was following the usual procedures of standing in a public place. It was a very rare incident and people were wandering round photographing everything. Italy is a photographers dream.

However, the current state of emergency in some countries can cause problems and journalists in Britain have continued a campaign of freedom to report and document, despite tightening laws.

This might be of use:

http://www.wired.com/rawfile/2009/05/uk-patriot-act-encroaches-on-public-photography/

Search for

Article 8(1). photography eu law

It would be silly to lose courage as street photographers. Just think how people in years to come will be pleased to have a kaleidoscopic documentary of ordinary life on the streets today.
This would not be possible
if we were afraid to take out our cameras.

There are some good photos and links here:

http://theboweryboys.blogspot.com/2009/04/25-most-influential-women-in-new-york.html

Law for taking photos of people in public?

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