A photographer friend said, “I enjoy street photography and want to stay out of trouble. What are my rights?” Even if you’re not a serious photographer, you may have wondered this when using taking photos or videos with your smartphone camera.
Let’s talk first about what and where you have a right to photograph. Assume that you are taking the photos for your own enjoyment. A future column will discuss what you can do with photos you’ve taken – it’s a big topic on its own. Also assume we mean taking photos with handheld devices, not with drones, which have special rules.
WHERE CAN YOU PHOTOGRAPH?
Public Spaces: In general, you have the right to photograph whomever or whatever you wish in public places. This is true on a public street or sidewalk, in a public park, etc. There are some logical exceptions where photography is not permitted without specific permission: some parts of military bases or nuclear plants, airport security, courtrooms, and inside schools, for example. However, usually the portions of these facilities visible from the road can be photographed without a problem. Another exception is where people have a reasonable expectation of privacy, like the restroom at a public park. Finally, even at a public auditorium, if there is an announcement or signage that photography or video of a performance is not permitted, you are bound by that rule as a condition of attending the event.
Private Property: Suppose you are going to a party at someone’s home, to a shopping center, or to a restaurant. Can you photograph people there? A property owner has the right to restrict or prohibit taking photos on their property. Just because there are large numbers of people there doesn’t turn these into public spaces; they are still privately owned. If told to stop or to leave, you should do that. Being courteous and respectful will likely help. However, a private property owner cannot prevent you from photographing their house or building from the street or from other private property where you are standing with permission.
WHAT CAN YOU TAKE PICTURES OF?
Children and Adults. For example, it is generally legal to take photos with recognizable faces of adults and children on sidewalks and streets, in parks, at sporting events, and at festivals, even without their permission or knowledge. Photographers aren’t required to have a parent’s permission to take a photo of their child in a public place, although courtesy may prompt you to ask permission. (As a future column will discuss, depending on what you want to do with these photos, you may need or want to have the subject or the child’s parents sign a release.)
Accidents, fire scenes, protests. These are newsworthy events. You have a First Amendment right to photograph or video them. You do not have a right to interfere with police or first responders, who can require you to move out of their way (but you can photograph from another location). Police and private security guards may not require you to delete your photos without a court order.
Law Enforcement Officers; Celebrities. They fall under the above categories of “adults” and perhaps also as “newsworthy” (depending on what they are doing). They are not subject to different rules simply because they are officers or celebrities.
Buildings, Infrastructure, Airplanes Taking Off, Pollution Sites, Etc. As noted above, you may generally photograph such subjects from public property, or from private property where you are standing with permission.
A later column will explore copyright laws, when you need a release, and what you can lawfully do with the photos you’ve taken.
As always, my columns are for informational purposes, and are not legal advice. If you have questions about your rights in particular situations, consult with an attorney of your choosing.
Kim K. Steffan is an attorney with Steffan & Associates, P.C. in Hillsborough. She can be reached at (919) 732-7300 or kim.steffan@steffanlaw.com.