Photographers' Rights in Society

I have been enjoying photography for about three years now. Looking for screen savers one evening I discovered a series on landscapes. I was so taken in by their beauty I began to wonder what was involved in taking such great pictures. I was hooked and happily. I subscribed to various magazines on the subject and it was in one of these that I read of one photographer's horror experience. The gentleman had taken a picture outside a primary school for a guide book he intended writing. He was suddenly accosted by a teacher who tried to grab the camera. The police had been called and they arrived and interrogated the bewildered man. I was embarrassed for him just reading about the incident. I now know this is far from an isolated incident and from personal experience realize that photography in public can be hazardous. Being a great believer in preparedness I decided that I had best determine what exactly my legal rights and limitations were when practicing photography in public. In researching this article I have reinforced a hundred times my belief that this knowledge is vital to anybody who does more than take snapshots on holiday and then even for those people.

Disclaimer: The advice is primarily for photographers in the UK. The advice is not intended to be a legal resource. While to the best of my knowledge the information is accurate at the time of writing, September 2008, I cannot warrant that the information is accurate and readers are strongly advised to consult their solicitor for specific legal guidance. I have not warranted the accuracy of the information and therefore I will not be held responsible for any loss suffered by any person directly attributable to the information supplied in this article. Neither will I be held liable for any information supplied by the sources I have listed.

Photographing People in the UK
Photographing people or an adult in a public place in the UK is not against the law or an invasion of privacy. There is no clear statement of law in this regard though so it appears that if a person could rightfully expect privacy they should be afforded that right by photographers. Using a zoom lens to photograph persons in their homes or garden from any public place would most certainly be an invasion of privacy.
The law in the UK regarding photographs of clearly recognizable individuals is not precise and therefore photographers are not legally obliged to obtain a model release before using these images even for commercial purposes. The Data Protection Act is often cited in forums and even used by prosecution in court to defend rights to privacy. However this Act excepts processing images with a view to publication or artistic purposes. In court proceedings against Big Pictures (UK) Ltd "BPL" by the author JK Rowling and her husband, Dr Murray, on behalf of their 19 month old son, claims made under this act were dismissed by the Judge. BPL did however loose the case and the reasons why are publicly accessible and a source is listed below.
In some countries, the US included, individuals have rights over the commercial use of their images. Although UK citizens do not have the same rights, most photo libraries will not accept images of recognizable individuals without a signed model release from the subject. From a commercial standpoint it is wisest to therefore obtain a model release from photographed individuals regardless of country the image is shot in.
Note that commercial use does not include fine art use. Review the notes (source listed) on the lawsuit filed by one Erno Nussenzweig against photographer Philip-Lorca diCorcia in the US in 2005. diCorcia was selling limited edition prints for USD 20,000 - 30,000. Nussenzweig must have thought he was onto a sure thing when he learned of this and he sued diCorcia. The court ruled the images created by diCorcia were not commercial, but artistic and as such protected under the 1^st Amendment. diCorcia successfully defended his case.
Source: http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_1
Source: http://en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia
Source: http://www.lawreports.co.uk/WLRD/2008/CACiv/may0.7.htmhttp://www.opsi.gov.uk/acts/acts2000/ukpga_20000011_en_1
Source: http://www.askthe.police.uk/content/Q487.htm

Private property and trespass
Taking photographs of private property from a public place is not prohibited by privacy laws. This is amply demonstrated by Google Map's Street View service which will also be available in the UK. However the privacy of the owner or resident may be breached if your photograph is published showing the interior of the home through a window. Should you wish to photograph someone's home from the street it is decent to use some discretion in respecting their privacy especially if you plan to publish the image.
There is no blanket restriction on taking photographs while on private property provided the photographer has been invited or has permission to be on the property. The photographer should also adhere to any restrictions the owner of the property sets. Some publicly accessible property such as museums, art galleries and historic homes and castles prohibit photography entirely or prohibit the taking of photographs for commercial gain. When unsure, ask! This will prevent any unpleasantness further down the line. I discovered to my chagrin that for instance the Twickenham Stadium allows photography provided a telescopic lens is not used. I must point out my telescopic lens in this instance was a 300mm Cannon EOS lens, a veritable toy in comparison to the gigantically proportioned lenses the professionals crouched on the sidelines use!! The steward was very polite and advised that I was welcome to take pictures, but only with the landscape lens.
Where you are not permitted to photograph on private property and still do so you are technically trespassing. In this instance the property owner has the right to demand that you stop taking photographs and even has the right to demand you leave the premises. Be aware though that no landowner or employee of the landowner has the right to confiscate your camera or even delete any photographs already taken. You may however be liable should you publish these photographs. Neither may the police arrest you unless you are suspected of causing damage or refuse to leave the property. Properties in the UK where it is considered a criminal offense to trespass are railways, aerodromes, military bases and explosives factories and storage facilities. Ensure you have valid permission then to both enter and photograph any such places to avoid criminal charges. In 2007 it also became a criminal offense to trespass on Downing Street 10, 11 & 12 and the Royal Residencies, Windsor, Sandringham and the Highgrove House, Gloucester.Trafalgar Square, Parliament Square and the Royal Parks* have a prohibition on the taking of photographs in any way connected with work, business or employment without a permission from The Greater London Authority or The Royal Parks. Obviously a fee is charged for this permission. Snapshots taken by amateur photographers and tourists are fine.
*The 8 Royal Parks are; Bushy Park, Green Park, Greenwich Park, Hyde Park, Kensington Gardens, Regent's Park, Richmond Park, and St James' Park.
Source: http://www.royalparks.org.uk/press/contacts.cfm
Source: http://www.london.gov.uk/trafalgarsquare/manage/guidelines_filming.jsp
Source: http://www.london.gov.uk/parliamentsquare/manage/booking.jsp
Source: http://www.epuk.org/News-snippets/593/new-trespass-law-enacted

Obstruction and breach of peace
Authorities could and probably would consider an intrusive photographers actions at an crime scene or accident and even at a protest rally as obstruction or breach of peace. Do not hamper or obstruct the police or authorities in the course of their work.
Obstruction may also be viewed as obstructing traffic flow, both pedestrian and vehicular. In this instance authorities may request that you move on or leave. Especially be aware of passers by and traffic if using a tripod and how you are affecting them.

Security and Terrorism
Thanks to the apparently heightened security threat there are more numerous confrontations with authorities when taking photographs. Regrettably ignorance on the part of many over zealous enforcement officers has led to a lot of heated argument and embarrassment
Photographers should be aware though that photographing certain buildings and installations are for security reasons prohibited. Such places are;
Defense establishments and bases
Ships and aircraft owned by the Crown
Factories, docks and mines likewise owned by the Crown
Any munitions storage facility
Civil Aviation property
Any telecommunications office owned by a public operator
Roads, waterways and railways declared prohibited places by the Secretary of State
Gas, electricity and water works declared prohibited places by the Secretary of State
Property belonging to the Crown which have been declared a prohibited place by the Secretary of StateThe possible offense is taking photographs of the above which may prove useful to the enemy and is outlined in the Official Secrets Act 1911 and The Terrorism Act 2000. Under the Terrorism Act of 2000 there are wider powers available to officers who suspect that a person is a terrorist, but they must reasonably suspect that the person is a terrorist. The offense photographers are likely to be suspected of here is the collection of information of a kind likely to be useful to a terrorist i.e. taking photographs.
Source: http://www.opsi.gov.uk/acts/acts2000/ukpga_20000011_en_1
Source: http://www.askthe.police.uk/content/Q487.htm

Law Courts
Photography in law courts is severely legislated by the law of contempt of court. The law is intended to protect witnesses and enable the accused to have a fair trial. It is a criminal act to take a camera or any kind of recording equipment into a court in England or Wales. You may not even make a sketch in the courtroom. Court room drawings you may have seen are done from memory by specialist sketch artists after they have left the court. There are further restrictions on the publication of photographs even if legally taken. Such restrictions may include;
Photographs of defendants during court proceedings
Photographs of witnesses
Photographs of victims of sexual offenses have a lifetime restriction
Photographs of minors under the age of 18 years

Endangered Wildlife
Permits are needed from the relevant authority English Nature, Scottish Natural Heritage or Countryside Council for Wales, prior to photographing protected species near or at their nests or shelters. Even with the necessary permit it is still an offense to disturb these species at their nests or shelters.
Source: http://www.jncc.gov.uk/page-1377
Source: http://www.netregs.gov.uk/netregs/275207/1188431/1669012/
Source: http://www.defra.gov.uk/science/geneticresources/Legal/Protected.asp

Money
Under the Forgery and Counterfeiting Act 1981 (section 18 (1)) it is an offense for any person, unless the relevant authority has previously consented in writing, to reproduce on any substance whatsoever, and whether or not on the correct scale, any British currency note or any part of a British currency note.
Source: http://www.bankofengland.co.uk/banknotes/reproducing_banknotes.htm

Copyrights and Trademarks
If copyrighted material appears in your photograph, but is not the main subject or an important feature of your image, it would regarded as incidentally included and would not be an infringement of copyright. "Incidental" is not defined though and it is best to be more conservative in your approach or risk costly lawsuits.Trademarks are very often protected by copyright as forms of art. Usually an infringement is considered to occur when a photo appears as though it were produced by and belongs to the owner of the subject trademark.
Source: Permission to photograph a copyrighted work of art or photograph must be had from the holder of the copyright. To do so otherwise is an infringement of their copyright. In the instance of a photograph, it would also be an infringement of the copyright to deliberately imitate exactly the photograph of another. The expression of the photograph rather than the idea expressed is protected under the Copyright Act.
Source: http://www.dacs.org.uk/
Source: http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1073942615
Source: http://www.ipo.gov.uk/tm/t-decisionmaking/t-law.htm

In summary then do not be afraid to go out and do your thing with your camera. You have the right and the world is still a beautiful place. If you are unfortunate enough to fall foul of authorities get their details and follow the matter up with their supervisors. Please also make it know to others. I've listed two websites below who are leading the way in the fight against the harassment that we have been enduring.
UK readers - http://www.amateurphotographer.co.uk/
US readers - http://nycphotorights.com/wordpress/