| Photography Law |
| Updated 21st July 2008 |
|
Photography law appears to many in the UK to be complicated. Many people in the UK seem to believe they have rights to not have their photograph taken. In fact these people are the same people that read Heat, OK, The Sun, Mirror, etc, whose photographers seem to break their rules that they preach when they get photographed. The same applies to motion pictures from cameras. There are no laws that prevent you from taking photos of people or objects in public unless they are in a place where there is a reasonable expectation of privacy. The law comes into play when you publish photos and even then, the law very rarely sides with the photographed unless the photographer/publisher has gone far beyond reasonable means to get the photograph. A good summary of photo law in the UK can be found here Please note that this is not a legal document and should not be used as your defence. It is advice from one photographer to another. If you are involved in legal action, get a solicitor who knows what they are doing. I cannot accept any losses that could result from you following this guide, although if you find it useful, link back to here Cheers You
have taken a photo
of me. You have no right to do
that. Yes I do. I can take photos of you from any public “road” (a place where the Queens subjects can pass freely). In bars and nightclubs I have permission from the promoter or owner to take photos. You have to have me sign a model release form. No, I do not. Model release forms are not a requirement under UK law. Many forms are really a contract and the model release is there to smooth over any release of photos to another country. If I was required to make people sign model release forms, I would have to ask everyone in the nightclub to sign one. Journalists would find themselves unable to publish any photos as celebrities would refuse to have the image released to the newspapers. You have no rights to your image. You cannot claim copyright as I took the photo. I am the creator of the work. However, in other countries a model release form is a requirement or preferred, which is the reason why photographers in a close setting willl ask you to sign one.It
is
harrasment! I would personally not go after one person. The same people in my images means less cover of the event and less other people getting photographed. This is not of interest to me or the people I provide images to. You are invading my privacy There are no privacy laws that cover people in the UK. There are places where it is reasonable to expect a record not to be taken such as in bedrooms and toilets. As a rule I do not take photos in toilets. Clients don’t want them, I don’t want them, you really don't want them, so it is needless space on a memory card. You need a licence to take photos No I do not need a licence to take photos. There are certain situations in parks in London and many press events where commercial photographers require a “licence” but mainly it is permission from the organisers and/or owners from the land. I do
not approve of that image,
you have to delete it. I am not obliged to delete any image or wipe my memory card for anyone. Any attempt to take it is classed as assault under the law The police, PCSO's, Security Staff, etc, also do not have the power to request or demand the deletion of images. The images are evidence in any attempted prosecution therefore any attempt to delete them will render any case against the photographer as pretty well null and void. To have the images deleted, the prosecution need to apply for a court warrant for that action. As I am in the photos I am entitled to the original image. You are not entitled to the original image. Unless we sign a contract you can only have the image in the format I make it available if I choose to. If that involves shrinking it and adding a watermark or not publishing it at all, then that is they way it sadly goes. I am the creator of the works. There are under 16's/under18's in the photo, you cannot publish it. Yes I can. There is nothing that prevents me from publishing the photo of a child as long as it is reasonable and within the law. Indecency laws cover what can and cannot be published. You have taken photos on train stations. That is illegal. No it is not. It never has been. There has been a lot of confusion in recent years due to the privatisation of the railways, health and safety and terrorism, but there has not been any strict prohibition of photography on the UK rail infrastructure. Many police officers, security staff and general staff have been quick to quote the terror act but that ironically also prevents people taking photos of anything as anything really can be useful to a terrorist. My budgie is currently under dire threat from terrorists following his attempts to bring world peace, etc. So any pictures of him will lead to you all being arrested. You begin to get the drift. Network Rail has released guidelines that are not the best as they don't really cover every eventuality. All TOC's only operate the train station, whilst Network Rail owns it (exceptions are preserved railways and Heathrow Airport train stations) Basically my advice when approaching railways stations in the UK is: No flash No tripods Use your common sense Ask at the larger stations Show respect to everyone These rules have gotten me through life. I do not want my photo taken. How do I avoid this? Don’t leave your home… Paper Bag Do not look at the camera. Photos of the back of people’s heads are pretty worthless and unidentifiable Do not worry, many photos taken do not get published. A large number turn you into a silhouette anyway. |
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