1. ers to take photographs while on their Who Is Likely to Violate Your Rights states authorize citizen’s arrests, such public relations department of the
premises depends on the circum- Most confrontations are started by authority is very narrow. In general, entity, and complain about the event.
The Photographer’s Right stances. In most places, you may rea- security guards and employees of citizen’s arrests can be made only for (3) Make the event publicly known on
sonably assume that taking photo- organizations who fear photography. felonies or crimes committed in the an Internet forum that deals with pho-
graphs is allowed and that you do not The most common reason given is person’s presence. Failure to abide by tography or civil rights issues.
need explicit permission. However, security but often such persons have these requirements usually means
this is a judgment call and you should no articulated reason. Security is that the person is liable for a tort such How to Handle Confrontations
Your Rights and request permission when the circum- rarely a legitimate reason for restrict- as false imprisonment. Most confrontations can be defused
Remedies When stances suggest that the owner is like- ing photography. Taking a photo- by being courteous and respectful. If
ly to object. In any case, when a prop- graph is not a terrorist act nor can a They Have No Right to Confiscate the party becomes pushy, combative,
Stopped or erty owner tells you not to take photo- business legitimately assert that tak- Your Film or unreasonably hostile, consider call-
Confronted graphs while on the premises, you are ing a photograph of a subject in public Sometimes agents acting for entities ing the police. Above all, use good
legally obligated to honor the request. view infringes on its trade secrets. such as owners of industrial plants judgment and don’t allow an event to
for Photography On occasion, law enforcement offi- and shopping malls may ask you to escalate into violence.
Some Exceptions to the Rule cers may object to photography but hand over your film. Absent a court In the event you are threatened with
There are some exceptions to the most understand that people have the order, private parties have no right to detention or asked to surrender your
general rule. A significant one is that right to take photographs and do not confiscate your film. Taking your film film, asking the following questions
commanders of military installations interfere with photographers. They do directly or indirectly by threatening to can help ensure that you will have the
can prohibit photographs of specific have the right to keep you away from use force or call a law enforcement evidence to enforce your legal rights:
areas when they deem it necessary to areas where you may impede their agency can constitute criminal offens-
protect national security. The U.S. activities or endanger safety. How- es such as theft and coercion. It can 1. What is the person’s name?
Department of Energy can also pro- ever, they do not have the legal right likewise constitute a civil tort such as 2. Who is their employer?
Updated November
hibit photography of designated to prohibit you from taking photo- conversion. Law enforcement officers 3. Are you free to leave? If not, how do
2006 nuclear facilities although the publicly graphs from other locations. may have the authority to seize film they intend to stop you if you decide
visible areas of nuclear facilities are when making an arrest but otherwise to leave? What legal basis do they
usually not designated as such. They Have Limited Rights to Bother, must obtain a court order. assert for the detention?
About this Guide Members of the public have a very Question, or Detain You 4. Likewise, if they demand your film,
Confrontations that impair the con- limited scope of privacy rights when Although anyone has the right to Your Legal Remedies If Harassed what legal basis do they assert for the
stitutional right to make images are they are in public places. Basically, approach a person in a public place If someone has threatened, intimidat- confiscation?
becoming more common. To fight the anyone can be photographed without and ask questions, persistent and ed, or detained you because you were
abuse of your right to free expression, their consent except when they have unwanted conduct done without a taking photographs, they may be Disclaimer
you need to know your rights to take secluded themselves in places where legitimate purpose is a crime in many liable for crimes such as kidnapping, This is a general education guide
photographs and the remedies avail- they have a reasonable expectation of states if it causes serious annoyance. coercion, and theft. In such cases, you about the right to take photographs
able if your rights are infringed. privacy such as dressing rooms, rest- You are under no obligation to explain should report them to the police. and is necessarily limited in scope.
rooms, medical facilities, and inside the purpose of your photography nor You may also have civil remedies For more information about the laws
The General Rule their homes. do you have to disclose your identity against such persons and their that affect photography, I refer you to
The general rule in the United States except in states that require it upon employers. The torts for which you the second edition of my book, Legal
is that anyone may take photographs Permissible Subjects request by a law enforcement officer. may be entitled to compensation Handbook for Photographers (Amherst
of whatever they want when they are Despite misconceptions to the con- If the conduct goes beyond mere include assault, conversion, false Media, 2006).
in a public place or places where they trary, the following subjects can questioning, all states have laws that imprisonment, and violation of your This guide is not intended to be legal
have permission to take photographs. almost always be photographed law- make coercion and harassment crimi- constitutional rights. advice nor does it create an attorney
Absent a specific legal prohibition fully from public places: nal offenses. The specific elements client relationship. Readers should
such as a statute or ordinance, you are vary among the states but in general it Other Remedies If Harassed seek the advice of a competent attor-
legally entitled to take photographs. accident and fire scenes is unlawful for anyone to instill a fear If you are disinclined to take legal ney when they need legal advice
Examples of places that are tradition- children that they may injure you, damage or action, there are still things you can do regarding a specific situation.
ally considered public are streets, celebrities take your property, or falsely accuse that contribute to protecting the right
published by:
sidewalks, and public parks. bridges and other infrastructure you of a crime just because you are to take photographs.
Property owners may legally pro- residential and commercial buildings taking photographs. (1) Call the local newspaper and see if Bert P Krages II
.
hibit photography on their premises industrial facilities and public utilities Private parties have very limited they are interested in running a story. Attorney at Law
but have no right to prohibit others transportation facilities (e.g., airports) rights to detain you against your will Many newspapers feel that civil liber- 6665 S.W. Hampton Street, Suite 200
from photographing their property Superfund sites and may be subject to criminal and ties are worthy of serious coverage. Portland, Oregon 97223
from other locations. Whether you criminal activities civil charges should they attempt to (2) Write to or call the supervisor of www.krages.com
need permission from property own- law enforcement officers do so. Although the laws in most the person involved, or the legal or
© 2003 Bert P. Krages II