Legal & Ethical Photographers Rights

The following are some of the common restrictions that involve photographers:

• Private Property, Public Places and Privacy Law

• Harassment and Invasion of Privacy

• Obstruction and Public Order

• National Security and Court Proceedings

• Copyright, Data Protection and Trademarks

• Advertising Standards Authority

• Human Rights Act

• Press Complaints Commission

PRIVATE PROPERTY, PUBLIC PLACES AND PRIVACY LAW

•Owners of property do not normally have the right to prevent someone from taking photographs of their property from a public place.

• There is no restriction on taking photographs while on private property, provided the photographer has permission, however, the owner has the right to impose a restriction on photography.

• Photography is prohibited by the conditions of entry to many museums, stately homes and concert venues.

PRIVATE PROPERTY & TRESPASS LAW

•A person who enters onto a private property without permission commits a trespass, this ‘interference’ could be minor, like climbing a wall to take a photograph or resting a camera on a fence.

• If a person has permission to enter a property on the condition of not taking photographs, but ignores this condition, then trespass takes place as soon as a photograph is taken.

• In England and Wales, any unauthorised entry on to privately owned land, is a trespass, regardless of whether any damage is done to the property.

• The property owner has no right to confiscate or damage a photographer’s camera or other equipment.

• It is a criminal offence, punishable by a fine, to trespass on some property, such as, railways, airports, military bases.

Public Places

• In London, restrictions apply to commercial photography in Trafalgar Square, Parliament Square and Royal Parks. Permission can be granted from the Greater London Authority.

• Childrens’ play areas could see you as the photographer getting into bother from parents, for obvious reasons.

HARASSMENT AND INVASION OF PRIVACY

• Harassment is essentially behavior that causes another person alarm or distress and it refers to a course of conduct and not a single incident.

• If a photographer stalks a subject in order to get a photograph of them, or repeatedly thrusts a camera in someone’s face, this might be harassment.

• The law surrounding invasion of privacy has developed rapidly in recent years. Article 8 of the European Convention on Human Rights gives everyone the right to respect for his/her home. This is excepted by UK law.

INTELLECTUAL PROPERTY OF IMAGE

• Using someone’s image for commercial benefit. Where do you stand as a photographer?

• The UK recognizes that individuals have a right of publicity. The right of publicity is the direct opposite of the right of privacy. It recognizes that a person’s image has economic value that is presumed to be the result of the person’s own effort and it gives to each person the right to exploit their own image. Under this right, you could be liable if you use a photograph of someone without their consent to gain some commercial benefit.

• Although the right of publicity is frequently associated with celebrities, every person, regardless of how famous, has a right to prevent unauthorized use of their name or image for commercial purposes.

• Right of publicity law suits are typically brought by celebrities, who are in a better position than ordinary individuals to demonstrate that their identity has commercial value. You should, therefore, act with special caution before using a photograph of a celebrity for your own commercial gain. If you consider selling photos of celebrities or using them in advertisements or on your website, then you should certainly obtain photographic releases (that is, permission to do so) from the people portrayed in your shots.

OBSTRUCTION AND PUBLIC ORDER

• It is a criminal offence to obstruct free passage on the highway and this includes footways and cycle paths as well as roads. Whether a photographer will be treated as causing an obstruction depends on the reasonableness of his behaviour.

• You can not obstruct a police officer in the execution of his duty.

• Photographers who are shooting incidents such as riots and illegal demonstrations should take care that the police do not confuse them with the participants.

NATIONAL SECURITY AND COURT PROCEEDINGS

• In recent years, sensitivity over issues of security and prevention of terrorism has been very high. This has led to photographers being confronted by police when taking photographs of subjects that previously would not have been thought of particularly sensitive.

• Section 44, of the Terrorism Act 2000 give the police wide powers on arresting anyone who they suspect, for whatever reason is a threat to national security. It is in the photographer’s best interests to cooperate with the police if they approach him when he is taking images in an area that might be regarded as sensitive.

• It is a criminal offence to take images in a court of law. This will incurr the photographer a £1000 fine.

COPYRIGHT

Copyright is infringed by making a copy or all or part of a copyrighted work, without the consent of the copyright owner

• Copyright is not infringed by the incidental inclusion of a copyrighted work in a photograph. For example; a street scene in which there is advertising material on display, if this material is not the main subject in the photograph.

• It is not an infringement of copyright to take images of buildings, sculpture that are permanently situated in a public place or in a premises that is open to the public

• Taking images of bank notes is an offence.

DATA PROTECTION AND TRADEMARKS

• Data protection law reinforces common sense rules of information handling. It is there to ensure that organisations manage personal information they hold in a sensible way. For example; a photography studio needs to ensure that client data is secure and only keep it for as long as they need it.

• If you use an identical or similar trade mark for identical or similar goods and services to a registered trade mark - you may be infringing the registered mark if your use creates a likelihood of confusion on the part of the public. This includes the case where because of the similarities between the marks the public are led to the mistaken belief that the trade marks, although different, identify the goods or services of one and the same trader.

ADVERTISING STANDARDS AUTHORITY

• The Advertising Standards Authority is the UK’s independent regulator of advertising across all media. Their work includes acting on complaints and proactively checking the media to take action against misleading, harmful or offensive advertisements.

• Do not make a claim that you belong to an organisation such as, SWPP (Society of Wedding & Portrait Photographers), or use logos, if you don’t or your membership has expired – false advertising.

PRESS COMPLAINTS COMMISSION

• The PCC is an independent body which administers the system of selfregulation for the press. It does so primarily by dealing with complaints, framed within the terms of the Editors' Code of Practice, about the editorial content of newspapers and magazines (and their websites, including editorial audio-visual material) and the conduct of journalists

• The purpose of the PCC is to serve the public by holding editors to account. They strive to protect the rights of individuals, while at the same time preserving appropriate freedom of expression for the press. They proactively advertise their services and reach out to people who may be in need of their help. They aim to promote high standards by developing clear guidance and practical principles through their rulings, and offer training and advice to editors and photojournalists.

ETHICAL ISSUES TO CONSIDER

• Confidentiality of images

• Representation of subject matter

• Commercial pressures versus legal requirements

• Journalistic demand for imagery.