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Doing it with Cameras

Doing it with Cameras

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Home Community Community Reporters Photography and the Law (Part 2)

Photography and the Law (Part 2)

Photography is not near as enjoyable as it used to be, there is always someone who will cause a fuss. I can't believe some of the incidents I read about, like a parent who takes photos of his own children in a park and gets locked up for the night in a prison cell (what were the police thinking). What about people who take photos in public places and are harassed by a minority of policemen who start claiming national security or terrorism. It has gone beyond a joke and the police really need to get a grip and stop treating ordinary people like criminals. The law is clear in most instances about people taking photos in public, this is backed by goverment ministers and the Prime Minister, so why do some police forces take a different stance.

Members of the public over react when they see someone with a camera, generally citing laws that don't exist and causing such uproar that it is taken seriously by policemen, to the point of them being taken away and treated like a criminal. And I might point out they will, in nearly all cases be released without charge depending on the circumstances, how humiliating is that for the person.

If the public were better informed, then many of the incidents we read about would not happen in the first place, cameras are everywhere and this includes CCTV which rarely gets mentioned, but is just as intrusive on our lives. The public don't complain about it because they have been programmed that it is for their benefit and the police endorse so it must be good. How many shops or peoples houses do you see with cameras now, what exactly are they capturing, many use their cameras in a covert way that may be an infringement on your rights. Photographers are different, usually they are highly visible, and you can see what they are doing.

Below is the Prime Ministers reply to a petition put forward last year to clarify the laws concerning Photography.

Monday 12 January 2009

Photographylaw - epetition response

We received a petition asking:

“We the undersigned petition the Prime Minister to clarify the laws surrounding photography in public places.”

Details of Petition:

“Through history, we have documented the world around us, whether through written word, art or photography. Photography in particular has provided fantastic insights into the past and present, and is a hobby enjoyed by millions of people worldwide. But today, it’s becoming increasingly difficult to take photos of our surroundings, particularly in cities like London. In recent years, the price divide between professional and consumer equipment has blurred, and it’s quite common these days to see amateurs and hobbyists carrying around tripods, SLR cameras and a backpack full of equipment. Yet, we are constantly harrassed by security guards and police officers in the name of preventing terrorism. They seem to be operating under a different interpretation of the law to the rest of us, believing that somehow the length of your lens, or size of your camera is relevant. We would like clarification by the goverment on the law regarding photography of buildings and landmarks from public locations.”

· Read the petition
· Petitions homepage

Read the Government’s response

Thank you for your e-petition asking for clarification of the law on photography in public places.

There are no legal restrictions on photography in public places. However, the law applies to photographers as it does to anybody else in a public place. So there may be situations in which the taking of photographs may cause or lead to public order situations, inflame an already tense situation, or raise security considerations. Additionally, the police may require a person to move on in order to prevent a breach of the peace, to avoid a public order situation, or for the person’s own safety or welfare, or for the safety and welfare of others.

Each situation will be different and it would be an operational matter for the police officer concerned as to what action if any should be taken in respect of those taking photographs. Anybody with a concern about a specific incident should raise the matter with the Chief Constable of the relevant force.

Original article above can be found here.

And remember that parts of the UK may have slightly different laws, ie; Wales, Scotland, Ireland, Isle of Man etc. It is up to you to check that you are acting lawfully depending on where you are taking photos.

Read a previous article about Photography and Law

 

Useful Links for Photographers

UK Photographers Rights (excellent document that you can print and carry with you)
Copyright, Designs and Patents Act 1988 (copyright belongs to the Photographer who took the photos)

If you are taking photos of people, then links below may apply to you

Data Protection Act 1998 (parts could apply to photography, CCTV etc)
Human Rights Act, 1998 (parts could apply to photography, CCTV etc)

If you go onto others people land or property, then links below may apply to you

Criminal Justice and Public Order Act 1994 (trespass is a criminal offence now)

 

Other countries

 

Canada (laws that apply to non-commercial photographers in or around Toronto, Ontario, Canada)
Australian street photography legal issues (street photography in NSW Australia)

 

 

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Eastlands Homes and Northwards Housing at Manchester Pride 2009 - Click for the Gallery

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Eastlands Homes and Northwards Housing at Manchester Pride 2009 - Click for the Gallery

Eastlands Homes and Northwards Housing at Manchester Pride 2009 - Click for the Gallery