Your Rights as a Photographer in the USA

Hey dedicated followers!  

Today I was confronted while taking photos on the L Train, here in Chicago.  So, this journal will be dedicated to those photographers who might not know much about the rights that we all share here in America.  First I will explain what happened and then I will give resources so you can understand how things work here in the USA.

Every morning, while riding the L train, I pull out my iPhone and take photographs of people and the environment.  The reason I do this is to practice composition.  In my 16 months of being a street photographer, I have not had many encounters with people.  When I have had these encounters, people have been really nice or they just ask questions.  But, honestly, I can only count 4 encounters at maximum.  This morning was one of those rare situations.

I was doing my regular routine, which is taking photos of people on the train.  Out of the corner of my eye, I noticed the woman standing next to me kept looking at the screen on my phone.  After a while, she looked at me and said something.  I didn't hear her, because I had my earbuds in.  I asked her to repeat herself.  She said, "Excuse me, you didn't take any photos of me, did you?"  I replied, "No, I did not.  But, if I did, there is nothing you can do about it."  She continued, "I think it is intrusive that you are taking photos of everyone."  I said to her, "We are in public and it is my right as a photographer to take photos of people."  I also said, "You should look it up if you are so interested."  It seemed as though she did not like my response.  At the next stop she walked off the train and as she passed me she said, "Well, I think you're #%$* creepy!"

After the confrontation, I was a little shaky from my nerves being rattled.  But, I kept my cool with her and did not get angry.  All I did was explain that it is perfectly ok and legal to do what I was doing.  I've thought about what I would do or say in this kind of situation, but I never really thought it would happen.  Turns out it did.  

If you have ever had doubts about what you can or cannot take photos of, I urge you to do your own research.  There are a few resources below that can help you in case you ever run into anybody that thinks they can take away your legal right to take photographs.

The Legal Stuff

None of this should be construed as legal advice. If you have a legal issue, get in touch with a lawyer. Much of this information was gleaned from attorney Bert P. Krages' website.

The Ten Legal Commandments of Photography

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it's technically private property, being open to the public makes it public space.

II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it's fair game.

III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.

IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.

V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.

VI. The following can almost always be photographed from public places, despite popular opinion:

    accident & fire scenes, criminal activities
    bridges & other infrastructure, transportation facilities (i.e. airports)
    industrial facilities, Superfund sites
    public utilities, residential & commercial buildings
    children, celebrities, law enforcement officers
    UFOs, the Loch Ness Monster, Chuck Norris

VII. Although "security" is often given as the reason somebody doesn't want you to take photos, it's rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company's trade secrets.

VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)

IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.

X. If someone tries to confiscate your camera and/or film, you don't have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.
What To Do If You're Confronted

    Be respectful and polite. Use good judgement and don't escalate the situation.
    If the person becomes combative or difficult, think about calling the police.
    Threats, detention, and taking your camera are all grounds for legal or civil actions on your part. Be sure to get the person's name, employer, and what legal grounds they claim for their actions.
    If you don't want to involve the authorities, go above the person's head to their supervisor or their company's public relations department.
    Call your local TV and radio stations and see if they want to do a story about your civil liberties.
    Put the story on the web yourself if need be.


DOWNLOAD the Photographer's Rights ---> www.krages.com/ThePhotographer…

The Legal Handbook for Photographers. --->  www.amazon.com/exec/obidos/ASI…