Copyright and Privacy: Photography and the Law
Believe it or not, you can actually get in some pretty deep trouble just for taking a few innocent photographs. Now, nine times out of ten, you can basically photograph anything you like and not have to worry about it, but there that one time out of ten, you might actually be breaking the law by taking a photograph. This is thanks in part to copyright, but it also has to do with privacy issues and so on.
Before you head out with your camera, know what you can and cannot do with it.
Photography Restrictions within the United States:
• You can usually film or photograph just about anything, anyone, and anywhere, as long as you are using your camera on public property. But there are a few restrictions here, as well. Usually, any public area which restricts the use of cameras will have a sign explicitly posted stating just that.
• You can film or photograph private property while standing on public property. There are some exceptions, of course, to protect people’s privacy; you cannot film or photograph areas of the private property regarded as private. As in, the bedroom, the bathroom, or, a hotel room. So if you see an open curtain and photograph the people inside, you’ve crossed the line from photographer to peeping Tom. However, you can photograph the exterior of the home, people’s driveways, etcetera, without any worry of legal repercussions.
• Don’t even think about photographing private areas usually covered by people’s clothing without express written permission to do so. Many states have even taken to banning the use of cameras inside of public restrooms and locker rooms and so on to prevent voyeuristic photography, and the rest of the states are expected to follow suit in the near future.
• If you wish to film or photograph on someone else’s property, you need express permission from the owner of that property. This includes privately owned restaurants and stores, and not just people’s homes and so on.
• You can’t take photographs or film on airplanes in most areas.
• You can photograph or film at any tourist location, unless they have posted an explicit notification disallowing it.
• In many jurisdictions, you are not allowed to film or photograph within hospitals or health care facilities.
• If your photographing or filming sessions hinder the efforts or operations of the local law enforcement, you are to cease and desist.
• And, of course, any and all filming done with the intention of breaking the law is one hundred percent illegal. This includes using a photograph to commit blackmail, using a doctored photo to commit insurance fraud, etcetera.
Restrictions on Filming and Photography within the United Kingdom:
The UK is a little more laid back regarding photography restrictions, but there are some in place. Again, as with in the US, you should know what you can get away with before you try to get away with it!
• Filming or photographing public property is one hundred percent legal, except in areas where filming or photographing are expressly forbidden.
• Filming or photographing private property while standing on public property is legal.
• Photographing or filming any individual in public is completely legal as long as the subject is in a location where they can reasonably expect to possibly be filmed or photographed. Likewise, there are no restrictions on how these photographs or the footage can be used.
• However… Persistent or aggressive photographing or filming of a single individual may constitute harassment, regardless of actual photography law.
• Private and public schools often disallow filming and photography on the grounds (without express permission), so as to protect the privacy of the children, staff, and family members.
Photography/Film use and Copyright Issues
In both the UK and the US, most photographs that you’ve taken legally are pretty much legal to use in any context, with a few exceptions.
For example, if you watch one of those hidden camera prank shows, if it was filmed and released in the US, you’ll likely see everyone’s faces blurred out. This is because a subject must sign a release form before their face can be shown on television or published in a book, etcetera. You actually can, legally, publish or show those faces, but the person who the face belongs to is within their rights to press legal action for damages and so on.
And, of course, you can’t do things like film a movie in a theatre and then sell it on the streets, etcetera. The basics of reproduction and copyright laws all apply to photography and film. Using a camera, a computer, or a Xerox machine, you cannot legally reproduce copyright protected material without permission.
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