What is the law regarding taking photos in a public place?

Question

I like to record local history and take many photos of shops, statues etc. Problem is the public think you are taking photos of them when if fact I remove people from the photos on the computer data base. Shop keepers don't like me taking a photo of the shop as well. With statues could the artist take action for copyright. Police leave me alone but 'security' keep bothering me. I am not using the photos for comercial reasons

Answer 1

Dear Joe

In answer to your qustion, there are different aspect's with regards to the law of taking photographs in public places.

1st.....Although such places as Courts, the Houses of Parliament etc are classed as public buildings with public access to them, it is quit legal to photograph the exterior of these building's, but it is illegal and prohibited from photographing any part of the interior for security reasons.

2nd.....Banks & Building Societies have a complete restriction on there premises being photographed either on the inside or the outside of there buildings for security reasons.

3rd.....With regards to the photographing of any building, whether it as public access or not, you should in the first instance seek the consent of the occupier or owner first before taking any photographs.

4th.....With regards to your question regarding statues, first of all statues are created by Sculptor's, whereas Artist's paint picture's. If you merely want to photograph a statue for example in a public park and do nothing more than that with your photographs, then you will not Breach the Copy Right's Regulation's and therefore there is no grounds for the Sculptor to bring a Copy Right's Action, because in law the only thing you have done is to take a photographic image of a solid creation.

However, if you take the photographic image of a statue in it's solid creation form and then deside to use that photograph for the purpose of re-creating that statue in either wood, clay, timber, cement, concreate, paper, cardboard, plastic etc, then you will breach the Copy Right's Regulation's and the Sculptor will have a legal right of action against you under the Copy Right's Act.

I therefore trust that this answer's your legal question.

Regards

MR STEVEN NEWBERT JP
HER MAJESTY THE QUEEN'S
JUSTICE OF THE PEACE
for
ENGLAND & WALES

Answer 2

I'm pretty sure that as long as you're not "upskirting" and "downblousing," you have the right to photograph anything or anyone you wish in public. Taking photos *inside* a privately-owned shop may be prohibited, though. You don't have to get permission to publish photos of people--do you think celebrities give their written permission to appear on the cover of tabloids? No way! Security people are generally not the smartest bunch; they don't know the law. Tell them that if they have a problem, to feel free to contact the police (who will set them straight on the matter).

Answer 3

The key legal turning point on this issue is "whether the person (having photo taken) has an expectation of privacy."

I would find it very hard for someone (or the owner of an object) in a public place to have such an expectation.

Now enforcing your rights versus shop owner and the like is another question. How much of a real life hassle do you want to undertake for the sake of your art?

Answer 4

Its allways good to inform people of your action prior to popping up an snapping away be it public or not.

Invasion of privicy and others Human rights act which is a grey area.. Obstructing the highway,Photgraphing children ect may land you in hand cuffs or a nice fine.

However you may find the link interesting... contains some laws and advice.. Basicly if your unsure 1st point of contact should be the local council authoritie who should be able to give you some advise..

Answer 5

People in public places do not have a right to privacy.

Likewise with shopkeepers so long as you are not on their property.

However, you cannot use those images for a commercial purpose without their consent.

The general rule of thumb is that if you are standing on public property (street, sidewalk, park, etc.) and you can see it without using a telescope, binoculars, etc., it is in "public view."

There is no law prohibiting what you are doing so tell them to buzz off.

Answer 6

Why don't you go to your local town hall and inform officials of your intentions etc. They may be able to provide you with a permit, or inform you further. This will stop people from bothering you, or at least provide you with a legitimate response. Tell members of the public what you're up to and inform them that you will remove their image from the pics so not to worry.

Answer 7

All public property is property of the american people. It would be best to ask people on the street and shop owners if it's okay with them and explain your purpose. Just so they don't freak out on you. But if it is public, not private, property then photograph to your heart's content...

Answer 8

so long as you are taking the pictures of buildings(history) in a public place there is not a problem.

After all the police can take a picture of a person so long as its in public.

Answer 9

My Girlfriend is an artist, and when we go to an exibition, I am not allowed to take pics, as she says what is to stop you from copying, it is like music, you are not allowed to copy, legally

Answer 10

IN NORTH CAROLINA YOU CAN'T TAKE PICTURES OF PEOPLE ON THE BEACH WITHOUT A PERSONS PERMISSION