Photographer's rights around the world

[Krzys]

I have been wondering what countries and states in the world have the best rights for photographers and which are the most restrictive. Are there any lists that go through the major locations in the world listing how restrictive they are? If not then can members from different locations give a short summary of their rights that we can organize into a list? I am not particularly interested in rights regarding commercial purposes but if anyone has any information that is relevant then please list it.

For example:

Australia - No right to privacy that protects a person’s image, as long as the photographer is on public property they can photograph those in the public or on private property.

 

[ntenny]

As a frequent international traveller, I would find such a list very interesting. Some insight into the practical as well as theoretical aspects is always nice too---for instance, the well-known recent problems with police "enforcement" of nonexistent laws in the UK and some parts of the US.

-NT

 

[Steve Smith]

This is for the UK: http://www.sirimo.co.uk/wp-content/uploads/2009/05/ukphotographersrights-v2.pdf


Steve.

 

[Jesper]

In Sweden there are practically no restrictions as long as you are not going to use the pictures for commercial purposes (then you need the consent of the people in the picture if they are recognizable). Some years back an elderly couple suddenly found themselves advertising adult diapers from giant billboards all over without being asked.
That is not legal in Sweden (and I doubt that it is in other countries as well).

Of course there are other laws that might apply. You cannot use photography as an excuse for trespassing for instance (that will still be trespassing but that has got nothing to do with photography).
You are prohibited from photographing some military installations, but these are clearly marked with signs that tells you not to take pictures, and they are usually situated in remote areas far from the main roads so you are not likely to come across any as a visitor.

Use common sense, and photography in Sweden will not be a problem.

 

[Krzys]

Photography is not allowed in train and bus stations in Australia. I have been asked to lower my camera a couple of times in Central Station, Brisbane though there are no 'no photography' signs - how about Sweden?

 

[Kevin Caulfield]

Photography is not allowed in train and bus stations in Australia. I have been asked to lower my camera a couple of times in Central Station, Brisbane though there are no 'no photography' signs - how about Sweden?

Why do you think this is the case all over Australia?

 

[Krzys]

Sorry I was wrong. From what I've found it is only a policy of QR in Queensland, however I have seen some people in Sydney complaining on forums about harassment from security while just holding a camera in the train station.

 

[Jesper]

The few installations in Sweden that you are not allowed to photograph are clearly marked from all main access points, and they are usually fenced in. You are not likely to find any of these if you are not out looking for them.

I have never heard of anyone being asked not to photograph in a public place.
Use common sense though, there is no need to harass people just because it might not be illegal.

 

[Kevin Caulfield]

Sorry I was wrong. From what I've found it is only a policy of QR in Queensland, however I have seen some people in Sydney complaining on forums about harassment from security while just holding a camera in the train station.

No worries. Even though it may be their (QR) policy, I'm not sure they could legally police it. Anyway, it's all very interesting.

A few years ago, I was in Grand Central Terminal in NYC, and obtained a photographer's pass on the spot, and was able to spend a pleasant few minutes (probably more like 30 minutes or so) shooting without being harrassed. Any time I was approached by a security person or police person I flashed my pass and continued shooting.

 

[wotalegend]

I am sure that I have seen no cameras signs (as in a picture of a camera with a diagonal line through it) on train stations in Melbourne, particularly the city stations......not that it has stopped me or many others.

 

[hoffy]

I had an interesting email conversation with the public transport people in South Australia. This went backwards and forwards a few times (basically they wanted me to submit and would assess each instance on a case by case basis), until I got this response:

I refer to your recent enquiry lodged with the AdelaideMetro website regarding the taking of photographs on public transport vehicles. As outlined in our email to you on 9 July, advice from the Crown Solicitors Office was sought which confirms that there is no law that prevents or prohibits a person from taking photos in a public passenger vehicle.
It is however, an offence under the Passenger Transport (General) Regulations to interfere with or distract the attention of a driver or to commit a nuisance or act in a way that is likely to interfere with the comfort of, or disturb or annoy another person while in a passenger vehicle. Therefore, it is important to be mindful of other passengers views with respect to being photographed and understand the potential implications if photos are taken that offends, disturbs or annoys other passengers.
The advice from the Crown Solicitors Office also confirmed that while there are no laws prohibiting the taking of photos in a public place, that any use of cameras or photos for indecent purposes would be addressed under the Summary Offences Act, 1953

 

[Uncle Goose]

In Belgium you can do whatever you want as long as you stay on public grounds. On private property a security guy can ask you to leave and assist you to the exit or call the police but he has virtually no other rights, he may not detain you, use force, use weapons, confiscate gear or ask for identity papers (one exception on asking identity is if you are caught red handed in theft or destroying property). If security patrols with dogs it has be been shown with signs at the fences and the gates. Police can not confiscate your camera or film without permission of a judge and if they do so you can file a charge against them, they may ask you to hand over your equipment but they cannot force you to do so.

In general train stations in Belgium are off-limits but the rule is rarely enforced. The whole No-Photo concept is actually an old law against spies and the whole spy thing is so outdated that in most cases nobody in the stations care anymore. The only thing that could attract attention is when one would show up with a view camera or something like that. In that case it's more about safety concerns for the other travelers. You can easily ask for permission to do photoshoots in stations, I don't think they make a big fuss about it but they may ask you if it's for commercial reasons or not.

In Brussels there is one thing to keep in mind, the Atomium (the big construction with the 9 balls) is supposed to be copyright protected, you may take photo's but not publish them without permission of the owners of the Atomium. But looking at the web there are dozens of photographs that certainly are not approved by those shitheads so I guess it's no big deal after all.

Taking photographs of military installations might attract some attention of the Military police but as long as you are on public property they can do nothing about it. However, if you are on military property they can confiscate your gear and turn you over to the regular police (military tribunals are for enlisted personnel only, not for civilians), the decision about the film or memory card is left to the judge. In most cases the film will be destroyed and a memory card might be confiscated permanently as you can retrieve data from it, even if it's wiped clean. This however depends on how up to date the judge is with high tech equipment.

Taking photographs in Belgian Harbors is forbidden if you are within the actual harbor borders (signs make clear where the borders begin and end). There is a special law on harbors and it's actively enforced by the harbor police. Some harbor police men are relaxed about it but in some cities (like Ghent) they are hard ass and ask you to leave the harbor. Permission can be asked to the harbor captain but it seems that permission is rarely given unless you have a press card.

 

[Wyno]

Here in Geelong a lot of wedding photographs are taken by pros and amateurs at the Geelong railway station which is one of the oldest buildings in Geelong. As far as I'm aware, you don't need permission to take wedding photos there, but most photographers ask anyway.
Mike

 

[wayne naughton]

In Melbourne, train stations, airports, customs controlled areas, designated military areas, national parks, museums, art galleries, shopping centres, police stations, cinemas, theatres, beaches, sporting venues, swimming pools, zoos, any site of significance (anti-terror laws), schools, many local govt areas, state parliament, most federal and state buildings, etc, etc, etc..... Just about every blade of grass or patch of concrete requires some sort of fee charging permit for commercial shoots.

 

[david_mizen]

Dont forget also the laws of defamation apply it might not be unlawful to photograph a person with out there consent but publishing it might constitute a defamation as in the eddinghouse and oberman cases (which at least in the case of eddinghouse cost the publisher a lot of money)

 

[Shangheye]

In Belgium you can do whatever you want as long as you stay on public grounds. On private property a security guy can ask you to leave and assist you to the exit or call the police but he has virtually no other rights, he may not detain you, use force, use weapons, confiscate gear or ask for identity papers (one exception on asking identity is if you are caught red handed in theft or destroying property). If security patrols with dogs it has be been shown with signs at the fences and the gates. Police can not confiscate your camera or film without permission of a judge and if they do so you can file a charge against them, they may ask you to hand over your equipment but they cannot force you to do so.

In general train stations in Belgium are off-limits but the rule is rarely enforced. The whole No-Photo concept is actually an old law against spies and the whole spy thing is so outdated that in most cases nobody in the stations care anymore. The only thing that could attract attention is when one would show up with a view camera or something like that. In that case it's more about safety concerns for the other travelers. You can easily ask for permission to do photoshoots in stations, I don't think they make a big fuss about it but they may ask you if it's for commercial reasons or not.

In Brussels there is one thing to keep in mind, the Atomium (the big construction with the 9 balls) is supposed to be copyright protected, you may take photo's but not publish them without permission of the owners of the Atomium. But looking at the web there are dozens of photographs that certainly are not approved by those shitheads so I guess it's no big deal after all.

Taking photographs of military installations might attract some attention of the Military police but as long as you are on public property they can do nothing about it. However, if you are on military property they can confiscate your gear and turn you over to the regular police (military tribunals are for enlisted personnel only, not for civilians), the decision about the film or memory card is left to the judge. In most cases the film will be destroyed and a memory card might be confiscated permanently as you can retrieve data from it, even if it's wiped clean. This however depends on how up to date the judge is with high tech equipment.

Taking photographs in Belgian Harbors is forbidden if you are within the actual harbor borders (signs make clear where the borders begin and end). There is a special law on harbors and it's actively enforced by the harbor police. Some harbor police men are relaxed about it but in some cities (like Ghent) they are hard ass and ask you to leave the harbor. Permission can be asked to the harbor captain but it seems that permission is rarely given unless you have a press card.

This is why I love living in Belgium! I have occaisionally been threatened by a security guard that I can't take a picture or they will take my film, when I have been on public ground, but I just say call the police, and they quickly back off....even here some don't know the law, so it helps to know your rights.

K

 

[Krzys]

New laws proposed in NSW, Australia will make it that a person can sue or press charges for feeling anxiety or annoyed towards a photographer in public.

The laws proposed against ''offensive'' invasions of privacy would be in line with those in Britain but tougher than those in the US and New Zealand, where an invasion must be ''highly offensive'' to be illegal.

http://www.smh.com.au/national/take...cture-might-soon-be-banned-20090814-el6w.html

 

[hoffy]

Krzys, you forgot the other link that has been seen around the net recently. From the UK:

I am A photographer, not a terrorist

Good to see that people are starting to get sick of this treatment

 

[Krzys]

http://www.lawyersweekly.com.au/blo.../08/08/nsw-privacy-law-headed-for-reform.aspx

Its all well that the UK is seeing some light but Australia has just started to make its way down the tunnel.