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Guidelines to taking photographs legally – are they correct
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I came across these on the net and although I think they are aimed at american photographers I was wondering if any (or all) are applicable or correct from an Irish standpoint.
1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it.
e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it.
e.g. malls, retail stores, restaurants, banks, and office building lobbies.
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy.
e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
5. Despite common misconceptions, the following subjects are almost always permissible:
* accidents, fire scenes, criminal activities
* children, celebrities, law enforcement officers
* bridges, infrastructure, transportation facilities
* residential, commercial, and industrial buildings6. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
7. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
8. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
9. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
10. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made.
These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.
Seems about right for Ireland north and south too. Although common sense probably needs to be used too. I’d be very wary with shots of children regardless of whether its legal or not. Doen’t really effect me as I’m into landacapes and wildlife rather than street, or portraits.
I also had an example where I was taking photos of some trees for Autumn colour, and there was a garage nearby (which I wasn’t including in the shots anyway). Three angry guys came over and demanded to know what I was taking photos for. Legally, I was fine, even if I had been photographing them, and could have told them to clear off, but I would have been legally right and beaten to a pulp, maybe with a broken camera! I suspect they were “doing the double”. It was easier just to explain what I was doing, and show them the shots on the camera. The situation was calmed down and they were fine with it, although I got the impression they thought I was a bit soft in the head going round taking phots of trees.
Aidy wrote:
Seems about right for Ireland north and south too. Although common sense probably needs to be used too. I’d be very wary with shots of children regardless of whether its legal or not. Doen’t really effect me as I’m into landacapes and wildlife rather than street, or portraits.
I also had an example where I was taking photos of some trees for Autumn colour, and there was a garage nearby (which I wasn’t including in the shots anyway). Three angry guys came over and demanded to know what I was taking photos for. Legally, I was fine, even if I had been photographing them, and could have told them to clear off, but I would have been legally right and beaten to a pulp, maybe with a broken camera! I suspect they were “doing the double”. It was easier just to explain what I was doing, and show them the shots on the camera. The situation was calmed down and they were fine with it, although I got the impression they thought I was a bit soft in the head going round taking phots of trees.
I shoot soccer matches quite a bit, especially Schoolboy stuff, and have often been asked by the referees to exclude them from the shots if possible! The extra few euros they make at these games is often “under the counter”! My shots often appear in local papers and while the clubs and players love the exposure that brings, the referee is an integral part of any game and best to keep him/her happy as well.
I’d disagree with #6. Security is one of the few “acceptable” reasons for preventing photography & is possibly the main reason that some photographers get themselves into hassles.
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