Bullies within private security and police forces are increasingly keen to harass people taking photographs in public places. As such, being aware of the laws relating to photography in your jurisdiction is quite worthwhile. The standard ‘I am not a lawyer / this does not constitute legal advice’ warning applies.
Things you cannot do:
- Misrepresent someone in a slanderous way through photography or captions accompanying photographs.
- Photograph people in their homes, or in spaces where they have a ‘reasonable expectation of privacy,’ such as public bathrooms.
- Trespass, especially at night.
- Take photos “that could be considered national secrets, interfere with a large number of Canadian’s lives, impair or threaten the Canadian Forces, national security or intelligence.”
Things you can do:
- Take photos for non-commercial use in nearly any public space.
- Photograph and publish photos of anyone, aside from young offenders, who are “newsworthy, doing newsworthy things, or are public figures or celebrities.”
- “It is not against copyright law to take a photo of any architectural work, for example, a building, or a permanent piece of public art.”
The document linked above has a lot more detail, including statutes specific to provinces. It also has some good tips on what to do if you are confronted about taking photographs. As always, remaining calm and polite – but clear and firm about what it is within your rights to do – is the best approach. Deleting your photos in response to a confrontation is probably not a great idea because (a) it reinforces the idea that those confronting you have the right to make you do this (b) when they almost certainly do not (the exemption is the national security case) and (c) you will be destroying evidence that the photos you were taking were legal.
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Banning photography reduces our security
Thursday, November 8th, 2007
The War on Photography
What is it with photographers these days? Are they really all terrorists, or does everyone just think they are?
Since 9/11, there has been an increasing war on photography. Photographers have been harrassed, questioned, detained, arrested or worse, and declared to be unwelcome. We’ve been repeatedly told to watch out for photographers, especially suspicious ones. Clearly any terrorist is going to first photograph his target, so vigilance is required.
Except that it’s nonsense. The 9/11 terrorists didn’t photograph anything. Nor did the London transport bombers, the Madrid subway bombers, or the liquid bombers arrested in 2006. Timothy McVeigh didn’t photograph the Oklahoma City Federal Building. The Unabomber didn’t photograph anything; neither did shoe-bomber Richard Reid. Photographs aren’t being found amongst the papers of Palestinian suicide bombers. The IRA wasn’t known for its photography. Even those manufactured terrorist plots that the US government likes to talk about — the Ft. Dix terrorists, the JFK airport bombers, the Miami 7, the Lackawanna 6 — no photography.
Photographers Face Ejection Over Lenses
“Zooomr CEO Thomas Hawk was ejected from a San Francisco art museum because the security guard apparently thought his expensive camera could be used to spy on female employees. Another photographer notes that ‘many people consider a professional-looking camera a threat,’ and the state of California has even passed a law against telephoto lenses being used to intrude on celebrities’ private lives. Hawk is routinely confronting security guards who argue that photographing their buildings represents a ‘security threat.’ Ironically, four weeks ago while attending Microsoft’s Pro Photo Summit, he was told he couldn’t even photograph the lobby of a Hyatt Hotel.”
13 Tips for Great Photography in a Developing Country
by Brendan on June 11, 2009
After living a few times in Africa, and thousands of shots, I’ve figured out some ways to capture some of what makes places like Senegal and Ethiopia spellbinding. Here are some of those techniques. If you’re a Senegalese or Ethiopian, lucky you! You know already then that it’s much easier to do this than it is for us visitors. These tips are for us Toubabs and Fenenjis.
Vancouver cops affirm your right to take pictures
By Cory Doctorow on Photo
Vancouver, site of an upcoming Olympic games, has just announced a policy prohibiting cops from taking away your camera or making you erase your photos.
It’s always been policy but now it will be enforced. Vancouver police are not allowed to seize cameras or cell phones from anyone, unless they have consent, a warrant, or the person has been lawfully arrested.
Constable Lindsay Houghton tells the Province newspaper the policy has always been there, but it’s now in writing and updated in their official regulations manual.
Vancouver police update camera/cell phone seizure policy
One thing worth knowing: according to the instructor of the photojournalism course I am taking, a model release provides no legal protection if you use a photo in a way that is damaging to the subject. To be safe, you are always best off using photos in ways the subjects would approve of.
“you are always best off using photos in ways the subjects would approve of.”
So, if I photograph a politicien at a Klan meeting – I can be sued for libel by publishing it?
I think there are special protections for newsworthy images. The instructor didn’t discuss the matter in detail – just mentioned in passing that model releases don’t mean much in Canada and that Canadian Geographic doesn’t use them.
Photographer’s bust-card silkscreened on white-balance cards
Morgan Leigh Manning, “Less than Picture Perfect: The Legal Relationship between Photographers’ Rights and Law Enforcement,” Tennessee Law Review, Vol. 78, p. 105, 2010.
Via Schneier
I am fairly new to photgraphy and have been out taking photos of what I find interesting. I have 3 separate photos. One of a young girl curled up in the roots of a large tree that is quite lovely, she is very recognizable and I believe I would need a release for this photo to sell but can I put it on flicker? Another is at an antique auto show held in our town on the street. I took a photo of a neat little car and a woman with a perfectly matching dress happened by. She offered to move for me but I asked her if I could take the shot because I loved her dress. She happily gave me a perfect pose. Can this go on flickr without worries? The other is of a brightly dressed girl heading to an empty beach with sand pail in hand. I am delighted with this shot. You can not see her face and I would like to know if I need a release to publish or sell this.
Thankyou
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