Are college campuses "public places"?

[BetterSense]

It's my understanding that you can photograph anyone in a public place, without having to have their consent. Under certain other conditions, you must get the person to sign a model release (what conditions are these?).

Are college campuses "public places"? What about inside college buildings such as libraries etc? They are clearly public access. But I have taken pictures of college scenes (as a student, with no particular permission) that include people and there is no hope of tracking the people down to get their consent, what can I do with these images?

 

[Ian Grant]

Technically in most countries they are private property, and most definitely not public places. A member of the public has no automatic right to go in or onto that property & take photos without permission, but parents etc have always photographed sports & arts events etc.

However first you were a student so that gave yu a right to be there, and secondly its quite normal for students to make images around a college or university so in general there are no issues. However a college could take you to court to prevent you publishing images that might be detrimental to them.

Common sense says you can use those images to depict college life as you saw it as a student, and exhibit them or publish them.

Ian

 

[Monophoto]

There are two distinct issues here.

First, you need a model release if you are photographing a recognizable individual. Traditionally, model releases were only required if you were using the image for commercial purposes, and not if your purpose was journalistic or artistic. However, the surfeit of lawyers in the US has led to the situation where it is becoming prudent to ask for model releases for non-commercial photographs of people. I also believe that it is generally unwise to photograph a nude model without asking for a model release. A signed model release simply means that the subject has consented to being photographed and to the potential uses of that photograph described in the model release.

Now, the issue of 'public places' is a totally separate matter. The owner of private property has the right to impose constraints on the practice of photography on his property - no matter what the subject is. So, for example, the owner of a shopping mall is perfectly within his legal rights to say that photography is not allowed in his mall - and it doesn't matter whether you want to photograph people, frogs, or salt shakers, you can't do it. The mall is private property, no matter that the public has free access. So the 'public place' issue is not how can you use the images, but rather can you photograph at all.

Photography is perfectly legal on public property. Sure, there have been the occasional news reports of police hassling photographers, but those are exceptions, not the rule. Obviously, if your photography causes acts to be committed that are illegal, you may have a problem. For example, photographing a nude model in a public place can get you in trouble - not because you are photographing, but rather because you have asked the model to be nude in a public place.

So you need to ask yourself:

1. What use do you have for your photographs? If you don't have a model release, you probably can't sell them for commercial use (eg, advertising), but unless you defame the subjects in some way, you probably can use them in artistic displays or even some journalistic setting. You might want to consider whether the images might convey an unwanted message about the subject, and avoid those images since they could result in legal problems - not because you don't have a model release, but rather because they defame the character of the subject. Where you made the photographs is generally not an issue. However, if the setting is recognizable, and if it is private property, then you may need a property release.

2. Is the college where you are currently photographing privately-owned, or is it a public institution? If it is a public institution, then there is no reason to stop making photographs. If it is privately owned, you may have an encounter with a rent-a-cop and he would be correct in asking you to stop photographing. However, he would not have the right to confiscate your camera, make you show him your images, or destroy your film (or erase you memory chip). And once you have the images, you need to go back to rule 1 to determine how you can use them.

 

[BetterSense]

College in this case is definitely over 18. University of Texas.

Although I would be interested in how I might go about in the future, currently there is only one photograph of interest and it's nothing but a candid shot of a conversation between students waiting for class. It was accidentally taken actually. I can tell because it's terribly framed and I don't remember taking it.

 

[Ian Grant]

Louie, a Public Institution is still private property, even if it is run with Taxpayers money, it belongs to an arm of Local or National Government, or one of their agencies.

In this case it's no big deal. I have made a great many images in similar places in the UK and abroad, quite a number have been published I've had tacit permission, senior management have seen the images, and I've passed images to the colleges/schools marketing department, or put them in Press Releases that have been picked up & published, but always displaying the college in a positive way.

Ian

 

[pentaxuser]

So you're taking a street scene in say NY. The people are moving past quick quickly but maybe a dozen would be recognisable on the print. Are you really saying that you need to chase all 12 and get model release forms signed? Quite a logistical problem I'd have thought. In say London, chasing such individuals for a model consent form who are disappearing in maybe a dozen different directions would probably be impossible but assuming you had several helpers to complete the task then at best most of your helpers would get a response in two words with the second ending in "off" and further persistence in the matter might result in physical injury!

I may have misunderstood the legal situation as has been described and street shots from a public walkway which include people are not covered but if this is the case then it's a good job the law runs differently in the U.K or so I think. If they are covered by model release then our Members of Parliament who are having their dubious expenses exposed and hopefully curtailed can at least have a "nice earner" by suing the media and anyone foolish enough to take pictures of them :

Is Garry Winogrand's estate safe? Hasn't he got about 1500 films still to be developed full of such shots?

pentaxuser

pentaxuser

 

[Sirius Glass]

So you need to ask yourself:

1. What use do you have for your photographs? If you don't have a model release, you probably can't sell them for commercial use (eg, advertising), but unless you defame the subjects in some way, you probably can use them in artistic displays or even some journalistic setting. You might want to consider whether the images might convey an unwanted message about the subject, and avoid those images since they could result in legal problems - not because you don't have a model release, but rather because they defame the character of the subject. Where you made the photographs is generally not an issue. However, if the setting is recognizable, and if it is private property, then you may need a property release.

Where does these fall out?

1) You have photographed a portrait of a person. It is years later. You do not have a release. Can you sell copies of the portrait?

2) You have photographed a street scene with recognizable people. It is years later. You do not have releases. Can you sell copies of the photograph?

3) Same as #2 but the photograph was taken in another country.

Steve

 

[nc5p]

As a former employee of NM State University I can attest that campus property isn't the same as a sidewalk in the city. This can be a tricky subject and is going to be different in each state. There are many statutes on the books defining use and occupancy of state university property. In New Mexico each university has a board of regents appointed for terms by the governor. The board appoints a president and sets various policies that aren't defined in state law.

Generally, the public is allowed to be on campus with certain restrictions. They cannot disrupt the education process, interfere with faculty, staff, or students, and must abide by rules established by the board. Those may include no alcohol, smoking, loud music, obstructing traffic, etc. In this situation if the university has no policy regarding photography it would be permitted.

 

[Steve Smith]

So you're taking a street scene in say NY. The people are moving past quick quickly but maybe a dozen would be recognisable on the print. Are you really saying that you need to chase all 12 and get model release forms signed? Quite a logistical problem I'd have thought. In say London, chasing such individuals for a model consent form who are disappearing in maybe a dozen different directions would probably be impossible

There is no legal requirement for a model release but picture agencies will always ask for one just to cover themselves.

As long as your photographs are not defamatory to the subject or the university then there will not be a problem.


Steve.

 

[snegron]

Interesting topic! A couple of years ago I visited the University of Puerto Rico and attempted to tkae a few shots of their historic tower. This is a tourist attraction and there are several hundred visitors a day who take pictures of this tower. However, since I was not part of a group, I was yelled at by a security guard and told not to photohraph the tower. It made no sense to me at all.

 

[nc5p]

One thing to be aware of: In New Mexico and some other states campus cops are REAL police. They are sworn peace officers with every bit as much authority on university property as the city police or sheriff's deputies. (In New Mexico even more so, as they are by law the "agency of record" responsible for enforcement.) You can have a bit of fun with security guards but be careful who you are dealing with. Generally if their patches, badges, etc. say police treat them as such.

 

[removed-user-1]

One thing to be aware of: In New Mexico and some other states campus cops are REAL police.

This is true in North Carolina as well, at least for the four-year schools and universities. I believe the community colleges generally have private security.