07/08/2013
So what are the most common Legal questions asked by photographers?
Q. Can I photograph people and places as long as I am standing on public property?
A. YES! If you are standing on public property you are legally allowed to photograph anyone or anything you like, even if your subject is on private property or is a private building. We would of course always encourage you to exercise common sense, be courteous and respectful to others and behave in a sensible and moral way.
Q. Can I sell/publish photographs taken on public land?
A. YES! You are within your rights to use images editorially, in a book, on a website or in an exhibition. However if a person is recognisable and you use their picture or that of a privately owned building without their permission to endorse a product such as in an advertising campaign, this could result in legal action.
Q. Can I sell photographs I take of private property?
A. YES! Unless you have gained entry illegally. You may need permission from the property owners if you intend to use the image to endorse a product. Many institutions such as the National Trust, English Heritage, Disneyland and Graceland that allow ticketed access to the public, make it a condition of entry that photographs may be taken, but may not be used for commercial gain of any kind.
Q. When asked by private security staff am I required to give my personal details?
A. NO! When stopped by security guards, you are not obliged to provide any personal details. Private security guards do not have any police powers, nor do they have any powers to view or delete images or confiscate equipment.
Q. When asked by the Police, am I required to give my personal details?
A. NO! Unless the police have reasonable suspicion that you are involved in terrorist activities, they have no powers to take your details, look at your photos or to confiscate your camera. However, failing to cooperate with the police when questioned may lead to a charge of obstruction. Cooperation and politeness are the most efficacious ways of dealing with police enquiries.
Common sense and knowledge are your best friends. Avoid taking photographs of children without consent, exercise caution and empathy when photographing victims in traumatic situations and be prepared to be questioned if photographing sensitive buildings such as government premises, banks and embassies. Develop your knowledge of the law and carrying a print out of your rights
