PHOTOGRAPHY AND THE LAW A GUIDE TO PHOTOGRAPHERS’ RIGHTS

The law is fairly clear in stating that a citizen has the right to freely take photos in public. BUT! This should be done in moderation, and with care, because there are some exceptions to this rule.

On public footpaths, roads, and other rights of way, you are allowed to take photos for both personal and commercial use as long as you are not creating an obstruction. STREET PHOTOGRAPHY The term ‘obstruction’ is open to interpretation, and is ultimately decided by considering what is ‘reasonable’ behaviour Setting up a tripod in the middle of a busy sidewalk will probably be considered ‘unreasonable’, and causing an obstruction. Even if you think your behaviour is reasonable, but a policeman or other authority figure asks you to move, you are well advised to do so the first time they ask to avoid arrest or a fine. In the event that you are photographing a protest, be sure that the police don’t mistake you for a participant

PEOPLE & PRIVACY Strangers/Pedestrians Although there is no specific right to privacy in the UK, it is important to note that harrassment charges can still result if you repeatedly photograph a person (usually a stranger) who has asked you to stop. Again, once you have been asked to stop, you should do so. Children & Minors There are no laws against taking photos of children/minors, however, be careful if you do. You should have at least verbal consent from the parents wherever possible. A child under 16 may not be used as a paid model without consent of a local authority It is an offence to take indecent photographs of minors (under 18), regardless of consent.

MODEL PHOTOGRAPHY Although there are no laws prohibiting model photography, you should be aware of the following exceptions: – To photograph children under 16, you should obtain at least verbal consent from the parents – Indecent photos of minors (under 18) are strictly prohibited – Models under 16 cannot be paid without permission from a local authority – You should obtain a Consent Form wherever possible.

CONSENT FORMS Consent forms are very handy documents that models sign, allowing you to use & publish the photos you take of them. You should obtain signed copies of these whenever you photograph people/models. When taking photos of models under 18, a parent will be required to sign on behalf of their child. A template for model consent forms can be found at …or do a google search for ‘model release forms’ – lots of documents will come up in.doc or.pdf forms that can’t be posted here!

TERRORISM ACT 2000 Because of recent terrorism activity, photographers are being confronted by police when taking photos of subjects that would not have been considered ‘sensitive’ before. Under this legislation, the police have the right to search any of your personal belongings – cameras, camera bags, even look at your photos. You may not take any photo that could be of use to a person who may be committing or preparing for an act of terrorism. If the police approach you and ask to inspect your gear & bags, comply with this request or you may face detention at a police station for several hours.

PHOTOGRAPHY PROHIBITIONS It is illegal to take photos in/of the following: – Courts of law, extending to the area surrounding the building You can be fined up to £1000 for this offence – Copyrighted buildings I.e. the Gherkin in London, or the Eiffel Tower in Paris (at night – the light show is copyrighted!) It is not illegal to photograph these buildings, but it is illegal to publish the photos – Bank Notes This is an offence unless permission has been given in writing by the Bank of England – Trafalgar Square & Parliament Square, London Photographs are only prohibited if they are taken in connection with any business, profession, or employment without a licence. Tourist photographs are allowed. This also applies to the Royal Parks.

WILDLIFE PHOTOGRAPHY There are no laws against taking photos of any particular species of animal/bird, however, it is prohibited to disturb certain species at their nesting places/near their places of shelter. It may be possible to do this in certain circumstances with a permit from ‘English Nature’

FURTHER INFORMATION ers-rights-and-the-law.html ers-rights-and-the-law.html photographers-rights-v2/ photographers-rights-v2/ – They have published an indispensable guide in.pdf form covering most eventualities.