Photographers' Rights

As an amateur photographer, I always have my eyes peeled for something interesting to photograph. Sometimes people get bent out of shape when you take pictures, especially when it involves personal property, industrial sites, airports, car wrecks, etc. After a recent experience of mine, I've decided to look into what rights photographers have. I'm not a legal expert by any means, but here are some of my findings:

What you can't photograph:

• Some military locations/operations/facilities
• Anyone with a 'reasonable expectation of privacy'
  
• Example: People in their homes. Even if you're on a public street, people expect privacy in their own homes. Use your telephoto lens for wildlife, not your neighbors.

What you can photograph:

• Anything else

So that means you can photograph infrastructure, banks, items in stores, skyscrapers, airports, people in public places, etc. If you're allowed to be there, you're allowed to take photos. Authorities can question you, but they can't take your film or memory cards without a court order.

One thing to keep in mind is trespassing. You can 'legally' take photos while being illegally on someone's property. So, if you're trespassing, yeah, you're allowed to take photos... but they can press charges for trespassing. It seems that even if you're not trespassing, if you're asked to stop taking photos or to leave and you don't listen it can then be considered trespassing. I'm unclear of the legalities involved in that...

So... what photos can you publish?
You can't publish photos that:

• Project someone in a false light
  
• Captions seem to play a big role in this.
• Disclose personal information
• Example: if someone is holding a legible pill bottle... blur out the text!
• I would think that a minor's identity in a car accident might fall under this category, as well.
  

There is also the issue of misappropriation. An example of this would be using a photo for advertising without the proper releases. Libel also comes into play with projecting people in a false light. This is pretty intense stuff, so it's best to not get involved in it!

Again, I'm not a lawyer or anything fun like that, but this is what I've gathered from various sources. If any of this is incorrect... let me know!

Sources:

• Bert P Krages II, Attorney At Law: The Photographer's Right

• Legal Rights of Photographers

• Misinformation About Your Photography Rights Continues To Spread