[photo: impale]
On of my favorite photography blogs, Photojojo just printed this amazing list of legal rights you have when using a camera. If it goes for stills, it also goes for video! Know yr rights, friends. Use these rules to your advantage.
THE TEN LEGAL COMMANDMENTS OF PHOTOGRAPHY
I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.
II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.
III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.
IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.
V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.
VI. The following can almost always be photographed from public places, despite popular opinion:
- accident & fire scenes, criminal activities
- bridges & other infrastructure, transportation facilities (i.e. airports)
- industrial facilities, Superfund sites
- public utilities, residential & commercial buildings
- children, celebrities, law enforcement officers
- UFOs, the Loch Ness Monster, Chuck Norris
VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.
VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)
IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.
X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.
So go forth! Use this knowledge to make awesome videos, armed with your rights as an artist.
UPDATE: Zack Scott makes a great point to consider in the comments. You can shoot public places, but you can’t always use those people’s images without their permission. Thanks, Zack!
Tags: creativity, creative inspiration, xlntads, video, how to, photojojo
March 18th, 2008 at 3:43 pm
I think it is important to point out that just because you can take video of people in public, you can’t always use the footage however you want. People may lose some privacy rights while in public, but they don’t lose rights to their image for things like advertising. Always get people to sign a release form if you plan on using their image for commercial purposes regardless of where you filmed them.
March 18th, 2008 at 3:47 pm
Great point, Zack. I’m adding that to the post.
March 18th, 2008 at 9:20 pm
This info is flippin’ tight.
You won’t believe how many times I’ve gotten the cops called on me… e.g. my “Fighting Nun” music video where three squad cars arrived, they yelled for me to show me my hands (they had guns drawn) and get on my knees.
I was in the middle of a deserted field out in the middle of nowhere. Some person driving on the country road must’ve peered out and seen this guy dressed as a nun dancing around, playing with martial arts weapons. Go figure.
Thanks for this info. Much appreciated in our line of work.
April 16th, 2008 at 10:56 am
Creative Inspiration Know Your Rights because she is very nice style all the best.