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Photograph/Video Laws

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Tha-Flash | 22:16 Tue 06th Dec 2005 | People & Places
7 Answers
I've been wondering about the laws on people Photographing/Videoing others in public without that persons consent?

I've been told it's illegal if someone takes a picture of me(like on their phone) without my consent. I don't really believe this though because what about celebrities and security cameras.

If it is legal for some random to take a photo of me without me knowing what they're doing with it seems very stupid that they're allowed to do that and I cannot do anything.

Also where can I find out exactly whether something is illegal or not in the UK, I really don't know much about legality/legal system but I am interested.


Chris
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A photgrapher may have some issues with individuals when taking photos in public, but in most cases it is not illegal as long as they were not deemed perverse (sneaking up on couples going beyond simple snogging, up skirt etc).

As I understand it, in general shooting photos, without prior consent, of people in normal situations in public is no problem at all, and completely legal providing it is not deemed as harrassment or an invasion of privacy (but this would refer to interfering with their private home, family and correspondence).

Lots more detailed info here: ukphotos


If a person is out in public then it is not classed as illegal.

In Britain it is not illegal to photograph someone who is out in a public place without their permission, though if you make a nuisance of yourself while doing it you could be breaking the law in other ways. If the person is in a private place then you could photographing them could lead to charges of trespass or invasion or privacy if you were not invited to do so. Where you are more likely to get into trouble is if you display or publish a photograph of someone else without their permission. While you, as the photographer, might own copyright of the photograph itself the subject has rights over how their image is used too. When it comes to any sort of 'covert' photography, as used for reconnaissance or security cameras, then a whole bunch of other laws come into play.

UK law doesn't give the subject matter any copyright law over the originator of the piece. The photographer will always retain the copyright, but it is fairly common to obtain a model release as sometimes the Data Protection Act may be contravened for individuals displayed and mentioned in publication.

A photgrapher in the main is free to take and use photographs taken in a public place as they wish, even for commercial gain. However, certain restrictions apply to copyright of places such as Trafalgar Sq etc or previously displayed work and even corporate logos.
This is a hot topic amongst photographers at the moment as any photography forum will testify. Since the recent hysteria about paedophilia and new terror laws, amateur photographers have increasingly come under pressure from members of the public, private security personnel and more worringly the police. This is ironic seeing as , as a society, we accept being the most covertly photographed people in the world via CCTV. There are reports of arrests and confiscation of equipment for taking photos of subjects as diverse as children and supermarket carparks! Austin Mitchell, the Labour MP, (a keen amateur photographer) had his camera confiscated by police at his own parties party conference. There is little or no law to back up this harrasment but if the police expose you film or delete your files there is not much you can do. This trend pretty much means the end of candid reportage photography - yet you appear on CCTV (without your permission) on average 80 times a day.
Interesting question because back in the summer my husband was standing on the beach quite innocently taking a photograph of a rather nice sailing boat passing by when an elderly gentleman who was sitting at the water's edge with his fishing line rushed up to him and threatened him with violence for violating his privacy. My husband handn't even realised the guy had been caught in his camera sights. Couldn't help wondering what he had to hide that made him react so violently.
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Fast replies, great feedback. Thanks people ;)

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