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The
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
rights on photographs are protected in different
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
s by the laws governing
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
and
moral rights Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work ...
. In some cases photography may be restricted by civil or criminal law. Publishing certain photographs can be restricted by privacy or other laws. Photography can be generally restricted in the interests of
public morality Public morality refers to moral and ethical standards enforced in a society, by law or police work or social pressure, and applied to public life, to the content of the media, and to conduct in public places. A famous remark of Mrs Patrick C ...
and the protection of children. Reactions to photography differ between societies, and even where there are no official restrictions there may be objections to photographing people or places. Reactions may range from complaints to violence for photography which is not illegal.


Australia


General

Australia's laws in relation to this matter are similar to that of the United States. In Australia you can generally photograph anything or anyone in a public place without permission assuming that it isn't being used in an otherwise illegal way such as defamation and does not contain
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
ed material. Furthermore photographing in a place where people would reasonably expect to be afforded privacy such as in a public restroom may also be illegal.


Private property

While one can generally photograph private property and the people within it if the photographer is not within the bounds of the private property and cannot be asked to stop or delete the images, the owner can restrict recording whilst the photographer is on the private property. Failure to comply with orders to stop recording on the private property is not a criminal offence although it may be against the terms or policy of entrance and the photographer may be asked to leave; if they refuse to leave, they may be liable for trespassing.


Publishing and rights

The photographer generally has full rights of the images meaning they can also publish it to something like social media without permission from the people in the image. Although there are exceptions in the following scenarios. * A breach of the Privacy Act 1988 * Was taken while
trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...
ing on private property * A breach of duty, such as sharing confidential information A photographer can generally also not be forced to show or delete the images unless the photographic practices were at breach of the law.


Commercial purposes

If you are seeking to photograph for commercial purposes you may be required to gain permission from anyone who was involved in the film or photograph. Commercial purposes usually means that you are photographing for financial gain or to promote goods or services.


United Kingdom


Legal restrictions on photography

In the United Kingdom there are no laws forbidding photography of private property from a public place. Photography is not restricted on land if the landowner has given permission to be on the land or the photographer has legal right to access, for example
Byways Open to All Traffic In England and Wales, other than in the 12 Inner London boroughs and the City of London, the right of way is a legally protected right of the public to pass and re-pass on specific paths. The law in England and Wales differs from Scots law in ...
or a
public right of way A right-of-way (ROW) is a right to make a way over a piece of land, usually to and from another piece of land. A right of way is a type of easement granted or reserved over the land for transportation purposes, such as a highway, public footp ...
or an area of
open access land The freedom to roam, or "everyman's right", is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness ...
. The Metropolitan Police state in their own advice "Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel". The IAC, Film and Video Institute recommends that one follows instruction given by police as there may be a reason/reasons for not filming, ignorance of said law(s) notwithstanding. An exception is an area that has prohibitions detailed within anti
terrorism legislation Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass it ...
. Civil proceeding can be taken if a person is filmed without consent, and privacy laws exist to protect a person where they can expect privacy. Two public locations in the UK,
Trafalgar Square Trafalgar Square ( ) is a public square in the City of Westminster, Central London, laid out in the early 19th century around the area formerly known as Charing Cross. At its centre is a high column bearing a statue of Admiral Nelson comm ...
and
Parliament Square Parliament Square is a square at the northwest end of the Palace of Westminster in the City of Westminster in central London. Laid out in the 19th century, it features a large open green area in the centre with trees to its west, and it contai ...
, have a specific provision against photography for commercial purposes without the written permission of the
Mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well ...
or the Squares' Management Team and paying a fee, and permission is needed to photograph or film for commercial purposes in the
Royal Parks The Royal Parks of London are lands that were originally used for the recreation, mostly hunting, of the royal family. They are part of the hereditary possessions of The Crown, now managed by The Royal Parks Limited, a charity which manages ...
or on any
National Trust The National Trust, formally the National Trust for Places of Historic Interest or Natural Beauty, is a charity and membership organisation for heritage conservation in England, Wales and Northern Ireland. In Scotland, there is a separate and ...
land. Persistent and aggressive photography of a single individual may come under the legal definition of harassment. It is contempt of court to take a photograph in any
court of law A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordan ...
of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal, or to publish such a photograph. This includes photographs taken in a court building or the precincts of the court. Taking a photograph in a court can be seen as a serious offence, leading to a prison sentence. The prohibition on taking photographs in the precincts is vague. It was designed to prevent the undermining of the dignity of the court, through the exploitation of images in low brow "picture papers". Photography of certain subject matter is restricted in the United Kingdom. In particular, the
Protection of Children Act 1978 The Protection of Children Act 1978 is an Act of the Parliament of the United Kingdom that criminalized indecent photographs of children. The Act applies in England and Wales. Similar provision for Scotland is contained in the Civic Government ...
restricts making or possessing pornography of children under 18, or what looks like pornography of under-18s. There is no law prohibiting photographing children in public spaces. Taking photographs on private property is also legal. The landowner may, as a condition of granting entry to the private property, choose to place conditions or restrictions on photography, but the only consequence of failure to comply with these conditions is the photographer being required to leave. Landowners and their agents cannot inspect or delete, or require the deletion of, photographs taken this way.


Anti-terrorism law

It is an offence under the
Counter-Terrorism Act 2008 The Counter-Terrorism Act 2008 (c 28) is an Act of the Parliament of the United Kingdom which increased police powers for the stated purpose of countering terrorism. The first reading of the bill was held in January 2008, and it received royal ...
to publish or communicate a photograph of a constable (not including PCSOs), a member of the armed forces, or a member of the security services, which is of a kind likely to be useful to a person committing or preparing an act of terrorism. There is a defence of acting with a reasonable excuse; however, the burden of proof is on the defence, under section 58A of the
Terrorism Act 2000 The Terrorism Act 2000 (c.11) is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Emer ...
. A PCSO in 2009 cited Section 44 of the Terrorism Act 2000 to prevent a member of the public photographing him. Section 44 actually concerns stop and search powers. However, in January 2010 the stop-and-search powers granted under Section 44 were ruled illegal by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
. While the Act does not prohibit photography, critics have alleged that powers granted to police under Section 44 have been misused to prevent lawful public photography. Notable instances have included the investigation of a schoolboy, a
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...
and a
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
photographer. The scope of these powers has since been reduced, and guidance around them issued to discourage their use in relation to photography, following litigation in the European Court of Human Rights. Following a prolonged campaign, including a series of demonstrations by photographers dealt with by police officers and PCSOs, the Metropolitan Police was forced to issue updated legal advice which confirms that "Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel" and that "The power to stop and search someone under Section 44 of the Terrorism Act 2000 no longer exists." It is an offence under section 58 of the Terrorism Act 2000 to take a photograph of a kind likely to be useful to a person committing or preparing an act of terrorism, or possessing such a photograph. There is an identical defence of reasonable excuse. This offence (and possibly, but not necessarily the offence) covers only a photograph as described in of the
Terrorism Act 2006 The Terrorism Act 2006 is an Act of the Parliament of the United Kingdom that received royal assent on 30 March 2006, after being introduced on 12 October 2005. The Act creates new offences related to terrorism, and amends existing ones. Th ...
. As such, it must be of a kind likely to provide practical assistance to a person committing or preparing an act of terrorism. Whether the photograph in question is such is a matter for a jury, which is not required to look at the surrounding circumstances. The photograph must contain information of such a nature as to raise a reasonable suspicion that it was intended to be used to assist in the preparation or commission of an act of terrorism. It must call for an explanation. A photograph which is innocuous on its face will not fall foul of the provision if the prosecution adduces evidence that it was intended to be used for the purpose of committing or preparing a terrorist act. The defence may prove a reasonable excuse simply by showing that the photograph is possessed for a purpose other than to assist in the commission or preparation of an act of terrorism, even if the purpose of possession is otherwise unlawful.


Copyright

Copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
can subsist in an original photograph, i.e. a recording of light or other radiation on any medium on which an image is produced or from which an image by any means be produced, and which is not part of a film.
Copyright, Designs and Patents Act 1988 The Copyright, Designs and Patents Act 1988c 48, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law ( ...
s 1(1)(a) and s 4(2) Whilst photographs are classified as artistic works, the subsistence of copyright does not depend on artistic merit. The owner of the copyright in the photograph is the photographer – the person who creates it, by default. However, where a photograph is taken by an employee in the course of employment, the first owner of the copyright is the employer, unless there is an agreement to the contrary. Copyright which subsists in a photograph protects not merely the photographer from direct copying of his/her work, but also from indirect copying to reproduce his/her work, where a substantial part of his/her work has been copied. Copyright in a photograph lasts for 70 years from the end of the year in which the photographer dies. A consequence of this lengthy period of existence of the copyright is that many family photographs which have no market value, but significant emotional value, remain subject to copyright, even when the original photographer cannot be traced (a problem known as copyright orphan), has given up photography, or died. In the absence of a licence, it will be an infringement of copyright in the photographs to copy them. When someone dies the rights will have transferred to someone else, perhaps through testamentary deposition (a will) or by inheritance. If there was no will, or if the photographer has not specified where the rights in the material should go, then the normal rules of inheritance will apply (although these rules are not specific to copyright and legal advice should be sought). Scanning old family photographs, without permission, to a digital file for personal use is prima facie an infringement of copyright. Certain photographs may not be protected by copyright. Section 171(3) of the
Copyright, Designs and Patents Act 1988 The Copyright, Designs and Patents Act 1988c 48, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law ( ...
gives courts jurisdiction to refrain from enforcing the copyright which subsists in works on the grounds of public interest. For example,
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
diagrams are held to be in the
public domain The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...
, and are thus not subject to copyright.


Infringement

Infringement of the copyright which subsists in a photograph can be performed through copying the photograph. This is because the owner of the copyright in the photograph has the exclusive right to copy the photograph. For there to be infringement of the copyright in a photograph, there must be copying of a substantial part of the photograph. A photograph can also be a mechanism of infringement of the copyright which subsists in another work. For example, a photograph which copies a substantial part of an artistic work, such as a sculpture, painting or another photograph (without permission) would infringe the copyright which subsists in those works. However, the subject matter of a photograph is not necessarily subject to an independent copyright. For example, in the Creation Records case, a photographer, attempting to create a photograph for an album cover, set up an elaborate and artificial scene. A photographer from a newspaper covertly photographed the scene and published it in the newspaper. The court held that the newspaper photographer did not infringe the official photographer's copyright. Copyright did not subsist in the scene itself – it was too temporary to be a collage, and could not be categorised as any other form of artistic work. Richard Arnold has criticized the protection of photographs in this manner on two grounds.Richard Arnold, “Copyright in Photographs: A Case for Reform”
005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
European Intellectual Property Review 303 Firstly, it is argued that photographs should not be protected as artistic works, but should instead be protected in a manner similar to that of sound recordings and films. In other words, copyright should not protect the subject matter of a photograph as a matter of course as a consequence of a photograph being taken.Illustrated in th
Norowzian v Arks case
. In this case, it was noted that the copyright in a film would be infringed only though photographic copying of a substantial part, as opposed to mere recreation of the film. It was, however, also held that a film could be protected by copyright both as a film and as a dramatic work, provided, of course, that it fulfilled the requirements of protection of a dramatic work, on the facts. The claimant, was eventually unsuccessful. It was held that whilst the film in question in fact had copyright subsist in it both as a film and as a dramatic work, this copyright was not infringed, because there was no copying of a substantial part. It is argued that protection of photographs as artistic works is anomalous, in that photography is ultimately a medium of reproduction, rather than creation. As such, it is more similar to a film, or sound, recording than a painting or sculpture. Some photographers share this view. For example,
Michael Reichmann Michael H. Reichmann (25 June 1944 – 18 May 2016), better known by his monogram MR, was a Canadian landscape, travel and street fine-arts photographer, as well as videographer, author, blogger, workshopper, independent technical consultan ...
described photography as an art of disclosure, as opposed to an art of inclusion. Secondly, it is argued that the protection of photographs as artistic works leads to bizarre results. Subject matter is protected irrespective of the artistic merit of a photograph. The subject matter of a photograph is protected even when it is not deserving of protection. For copyright to subsist in photographs as artistic works, the photographs must be original, since the English test for originality is based on skill, labour and judgment. That said, it is possible that the threshold of originality is very low. Essentially, by this, Arnold is arguing that whilst the subject matter of some photographs may deserve protection, it is inappropriate for the law to presume that the subject matter of all photographs is deserving of protection. It is possible to say with a high degree of confidence that photographs of three-dimensional objects, including artistic works, will be treated by a court as themselves original artistic works, and as such, will be subject to copyright. It is likely that a photograph (including a scan – digital scanning counts as photography for the purposes of the Copyright Designs and Patents Act 1988) of a two dimensional artistic work, such as another photograph or a painting will also be subject to copyright if a significant amount of skill, labour and judgment went into its creation.


Photography and privacy

A
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...
came into existence in UK law as a consequence of the incorporation of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
into domestic law through the Human Rights Act 1998. This can result in restrictions on the publication of photography.Mosley v News Group Newspapers Ltd
008 008, OO8, O08, or 0O8 may refer to: * The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh *"030", the fictional 030 Agent of MI6 * '' 038: Operation Exterminate'', a 1965 Italian action film * '' Explosivo 030'' a 1940 Argentine c ...
EWHC 1777 (QB) Whether this right is caused by
horizontal effect In law, horizontal effect refers to the ability of legal requirements meant to apply only to public bodies to affect private rights. It arises where a court dealing with a legal dispute between purely private entities interprets a legal provision to ...
of the Human Rights Act 1998 or is judicially created is a matter of some controversy. The right to privacy is protected by Article 8 of the convention. In the context of photography, it stands at odds to the Article 10 right of freedom of expression. As such, courts will consider the public interest in balancing the rights through the legal test of proportionality. A very limited statutory right to privacy exists in the
Copyright, Designs and Patents Act 1988 The Copyright, Designs and Patents Act 1988c 48, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law ( ...
. This right is held, for example, by someone who hires a photographer to photograph their wedding. The commissioner,
Copyright, Designs and Patents Act 1988 The Copyright, Designs and Patents Act 1988c 48, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law ( ...
s 2 irrespective of any copyright which he does or does not hold in the photograph, of a photograph which was commissioned for private and domestic purposes, where copyright subsists in the photograph, has the right not to have copies of the work issued to the public, the work exhibited in public or the work communicated to the public. However, this right will not be infringed if the rightholder gives permission. It will not be infringed if the photograph is incidentally included in an artistic work, film, or broadcast.


United States

Local, state, and national laws govern still and motion photography. Laws vary between jurisdictions, and what is not illegal in one place may be illegal in another. Typical laws in the United States are as follows:


Public property

*It is legal to photograph or videotape anything and anyone on any public property, within reasonable community standards. *Photographing or videotaping a tourist attraction, whether publicly or privately owned, is generally considered legal, unless explicitly prohibited by a specific law or statute.


Private property

*Photography may be prohibited or restricted by a property owner on their property. However, a property owner generally cannot restrict the photographing of the property by individuals who are not within the bounds of the property. *Photography on private property that is generally open to the public (e.g., a shopping mall) is usually permitted unless explicitly prohibited by posted signs. Even if no such signs are posted, the property owner or agent can ask a person to stop photographing, and if the person refuses to do so, the owner or agent can ask the person to leave; in some jurisdictions, a person who refuses to leave can be arrested for criminal trespass, and many jurisdictions recognize the common-law right to use reasonable force to remove a trespasser; a person who forcibly resists a lawful removal may be liable for battery, assault, or both.


Outer space

*Remote sensing of the earth from outer space is regulated by the
National Oceanic and Atmospheric Administration The National Oceanic and Atmospheric Administration (abbreviated as NOAA ) is an United States scientific and regulatory agency within the United States Department of Commerce that forecasts weather, monitors oceanic and atmospheric conditio ...
which requires that a license be issued in advance.


Privacy issues

* Photographing private property from within the public domain is not illegal, with the exception of an area that is generally regarded as private, such as a bedroom, bathroom, or hotel room. In some states there is no definition of "private," in which case, there is a general
expectation of privacy Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a ''right to privac ...
. Should the subjects not attempt to conceal their private affairs, their actions immediately become public to a photographer using normal photographic equipment. * In the US, there are multiple laws prohibiting photographing a person's genitalia without that person's permission. This also applies to any filming of another within a public restroom or locker room. Some jurisdictions have banned the use of a telephone with camera functionality within a restroom or locker room in order to prevent this. The United States enacted the Video Voyeurism Prevention Act of 2004 to punish those who intentionally capture an individual's genitalia without consent, when the person knew the subject had an expectation of privacy.
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
laws have also been passed addressing this issue.


Commercial photography

*In certain locations, such as
California State Parks The California Department of Parks and Recreation, more commonly known as California State Parks, manages the California state parks system. The system administers 279 separate park units on 1.4 million acres (570,000 hectares), with over 280 ...
, commercial photography requires a permit and sometimes proof of insurance.California Code of Regulations
, Title 14, Section 4316, Commercial Filming. Retrieved 2010-12-18. In places such as the city of Hermosa Beach in California, commercial photography on both public property and private property is subject to permit regulations and possibly also insurance requirements. *At the
Chesapeake and Ohio Canal National Historical Park The Chesapeake and Ohio Canal National Historical Park is located in the District of Columbia and the state of Maryland. The park was established in 1961 as a National Monument by President Dwight D. Eisenhower to preserve the neglected remains o ...
, commercial photography requires a permit under certain circumstances. For photography that involves the
advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
of a commercial product or service, or photography that involves sets or
props A prop, formally known as (theatrical) property, is an object used on stage or screen by actors during a performance or screen production. In practical terms, a prop is considered to be anything movable or portable on a stage or a set, distinc ...
or
models A model is an informative representation of an object, person or system. The term originally denoted the plans of a building in late 16th-century English, and derived via French and Italian ultimately from Latin ''modulus'', a measure. Models c ...
, a permit is required. In addition, if the photography has aspects that may be disruptive to others, such as additional equipment or a significant number of personnel or the use of public areas for more than four hours, it is necessary to obtain a permit. If a photographer or related personnel need to access an area during a time when the area is normally closed, or if access to a restricted area is involved, the photography requires a permit. For commercial
portrait photographers A portrait is a painting, photograph, sculpture, or other artistic representation of a person, in which the face and its expressions are predominant. The intent is to display the likeness, personality, and even the mood of the person. For this re ...
, there is a streamlined process for photography permits. In the case of
National Park system The National Park Service (NPS) is an agency of the United States federal government within the U.S. Department of the Interior that manages all national parks, most national monuments, and other natural, historical, and recreational propertie ...
units, commercial filming or
audio recording Sound recording and reproduction is the electrical, mechanical, electronic, or digital inscription and re-creation of sound waves, such as spoken voice, singing, instrumental music, or sound effects. The two main classes of sound recording t ...
requires a permit and liability insurance. Still photography that uses models or props for the purpose of commercial advertising requires a permit and proof of insurance. Code of Federal Regulations, Title 36
Section 5.5(b)
, Commercial photography. Retrieved 2010-12-18. *If a photograph shows private property in such a manner that a viewer of the photograph can identify the owner of the property, the ASMP (American Society of Media Photographers, Inc.) recommends that a property release should be used if the photograph is to be used for advertising or commercial purposes. According to the ASMP, a property release may be a requirement in such a situation.


Other issues

*Photographing or videoing accident scenes and law enforcement or emergency activities is usually legal, as long as a person does not interfere with their response or situation. *Any filming with the intent of doing unlawful harm against a subject may be a violation of the law in itself.


Canada

Federal legislation governs the questions of
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
and criminal offences with respect to photography. Otherwise, the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
(in Quebec, the '' Civil Code of Quebec''), generally determines when photography can take place. :* The '' Copyright Act'' provides that the duration of copyright for a photograph is the life of the author plus 50 years.
Freedom of panorama Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works ...
is also allowed, with respect to photographs of sculptures and architectural works, and there is also protection for those who "incidentally and not deliberately include a work or other subject-matter in another work or other subject-matter." :* The ''
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
'' provides for punishment of various offences, including
voyeurism Voyeurism is the sexual interest in or practice of watching other people engaged in intimate behaviors, such as undressing, sexual activity, or other actions of a private nature. The term comes from the French ''voir'' which means "to see". ...
,
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
, trespassing at night, and
paparazzi Paparazzi (, ; ; singular: masculine paparazzo or feminine paparazza) are independent photographers who take pictures of high-profile people; such as actors, musicians, athletes, politicians, and other celebrities, typically while subjects ...
behaviour. :* The law of defamation,
trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...
and privacy is governed at the provincial level. ::* The common-law provinces of
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
,
Manitoba , image_map = Manitoba in Canada 2.svg , map_alt = Map showing Manitoba's location in the centre of Southern Canada , Label_map = yes , coordinates = , capital = Winn ...
,
Newfoundland and Labrador Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost provinces and territories of Canada, province of Canada, in the country's Atlantic Canada, Atlantic region. The province comprises t ...
,
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central C ...
and
Saskatchewan Saskatchewan ( ; ) is a province in western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on the south by the U.S. states of Montana and North Dak ...
have enacted privacy legislation dealing with personality rights, which supplement the law of trespass. ::* In Quebec, the ''Civil Code'' goes further by specifying that "keeping ... private life under observation by any means" constitutes an additional ground of invasion of privacy. In ''
Aubry v Éditions Vice-Versa Inc ''Aubry v Éditions Vice-Versa Inc'', 9981 S.C.R. 591, was a decision by the Supreme Court of Canada in which the claimant, Pascale Claude Aubry, brought an action against ''Éditions Vice-Versa'' for publishing a photo taken of her in public. She ...
'', the Supreme Court of Canada held that, because of that, supplemented by Quebec's ''
Charter of Human Rights and Freedoms The ''Charter of Human Rights and Freedoms'' (french: Charte des droits et libertés de la personne), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1 ...
'' privacy provisions, a photographer can take photographs in public places but may not publish them unless permission has been obtained from the subject, except where the subject appears in an incidental manner, or whose professional success depends on public opinion.


Hong Kong

In some public property owned by government, such as law courts, government buildings, libraries, civic centres and some of the museums in Hong Kong, photography is not allowed without permission from the government. It is illegal to equip or take photographs and recording in a place of public entertainment, such as cinemas and indoor theaters. In private property, photography may be prohibited or restricted by a property owner on their property. Photography on private property that is generally open to the public (e.g., a shopping mall) is usually permitted unless explicitly prohibited by posted signs. Even if no such signs are posted, the property owner or agent can ask a person to stop photographing, and if the person refuses to do so, the owner or agent can ask the person to leave; in some jurisdictions, a person who refuses to leave can be arrested for criminal trespass, and many jurisdictions recognize the common-law right to use reasonable force to remove a trespasser; a person who forcibly resists a lawful removal may be liable for battery, assault, or both.


Hungary

In Hungary, from 15 March 2014 when the long-awaited Civil Code was published, the law re-stated what had been normal practice, namely, that a person had the right to refuse being photographed. However,
implied consent Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). For examp ...
exists: it is not illegal to photograph a person who does not actively object.


Iceland

Calling oneself a photographer, in line with most other trades in Iceland, requires the person to hold a Journeyman's or Master's Certificates in the industry. Exceptions can be made in low population areas, or for people coming from within the EEA.


Macau

In Macau, a photographer must not take or publish any photographs of a person against his/her will without legal justification, even in a public place. Besides, everyone has a right to Personality Rights. People are not to be photographed, photographs of them displayed or reproduced without their prior consent. Criminal penalties include imprisonment. Additionally, photography of police officers in Macau is illegal.


Mexico

Mexican law is similar to the law in the United States. Authorities may intimidate or prevent any holder of a camera if they come into close perimeters of Government buildings.


Philippines

There has been a controversy among Filipino photographers and establishment managements. On June 12, 2013, Philippine Independence Day, pro-photography group, Bawal Mag-Shoot dito, launched at the Freedom to Shoot Day protest at
Rizal Park Rizal Park ( fil, Liwasang Rizal, es, link=no, Parque Rizal), also known as Luneta Park or simply Luneta, is a historic urban park located in Ermita, Manila. It is considered one of the largest urban parks in the Philippines, covering an are ...
. The group protested for their right to take photos of historical and public places, especially in Luneta and
Intramuros Intramuros (Latin for "inside the walls") is the historic walled area within the city of Manila, the capital of the Philippines. It is administered by the Intramuros Administration with the help of the city government of Manila. Present-day ...
. The park management imposed a fee for D-SLR photographers to shoot images for commercial purposes but it was also reported that security guards also charge 500 pesos to shoot photos even for non-commercial purposes, an act which the advocacy group branded as "extortion". The group also claimed that there is discrimination against Filipino photographers and claimed that the management is lenient on foreign photographers. There is no official policy on taking photographs of historical places and the group has called legislators to create a law on the matter. The Department of Tourism, in their November 15, 2011 press release, clarified that everyone is permitted to take photographs at Rizal Park and
Intramuros Intramuros (Latin for "inside the walls") is the historic walled area within the city of Manila, the capital of the Philippines. It is administered by the Intramuros Administration with the help of the city government of Manila. Present-day ...
for personal or souvenir purposes. The department stated that prior permission from the
National Parks Development Committee The National Parks Development Committee (NPDC) is an agency of the Department of Tourism of the Philippines that is mandated to develop, preserve, and manage Rizal Park Luneta and Paco Park in Manila and other parks that may be assigned to it. ...
(NPDC, for Rizal Park) or the
Intramuros Administration The Intramuros Administration (IA) is an agency of the Department of Tourism of the Philippines that is mandated to orderly restore, administer, and develop the historic walled area of Intramuros that is situated within the modern City of Manil ...
(for Intramuros) is needed for shoots of commercial nature, "to ensure that the well-being of the photographers are taken care of, as well as make certain that everything goes smoothly during the shoot." The NPDC issued rules in 2018 aimed at regulating photography and videography at both Rizal and
Paco Park The Paco Park (originally named as Cementerio General de Dilao) is a recreational garden and was once Manila's municipal cemetery built by the Dominicans during the Spanish colonial period. It is located on General Luna Street and at the east ...
s, after an incident wherein filmmaker Chris Cahilig and boy band 1:43 were intercepted by the personnel of Rizal Park for failing to secure permission from NPDC before doing a video session. While casual snapshots for personal or souvenir purposes through mobile phones and simple cameras are tolerated, prior permission is required for photography and videography of the parks for commercial, professional, reporting, interviewing, and special occasion purposes, as well as sessions that may cause disruption at the parks. Additionally, consent from the National Historical Commission of the Philippines (NHCP) is necessary for shoots involving both the
Rizal Monument The Rizal Monument (original title: ''Motto Stella''; Latin: "guiding star") is a memorial in Rizal Park in Manila, Philippines built to commemorate the executed Filipino nationalist, José Rizal. The monument consists of a standing bronze sculpt ...
and the Philippine Flag. Cahilig reacted to the policy, calling it "anti-tourism" and "backward".


South Africa

In
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...
photographing people in public is legal. Reproducing and selling photographs of people is legal for editorial and limited fair use commercial purposes. There exists no case law to define what the limits on commercial use are. Civil law requires the consent of any identifiable persons for advertorial and promotional purposes. Property, including animals, do not enjoy any special consideration. During the media coverage of the Nkandla controversy it emerged that there exists a law, the
National Key Points Act, 1980 The National Key Points Act, 1980 (Act No. 102 of 1980) is an act of the Parliament of South Africa that provides for the declaration and protection of sites of national strategic importance against sabotage, as determined by the Minister of Poli ...
, prohibiting the photographing of any "national key points." National key points are buildings or structures that serve a strategic or military purpose. Though it wasn't revealed what these are as part of state secrecy it was claimed that the presidential residence is one of them and should thus not be shown in media. Subsequent court action resulted in it being ruled that a list of all key points be made public. Although not currently or previously enforced the law is still in effect even after calls for it to be repealed as a relic of apartheid-era secrecy legislation.


Spain

Taking pictures or recording police officers is legal, what is a serious offence to share or publish those images if: # they could put at risk the police officers and their families from harassment # they could put at risk a planned police operation # taken at a strategic or classified facilities. If none of the 3 mentioned cases apply, it is only legal to share those images if the faces, voices and any identity signs are removed.


Sudan and South Sudan

Travelers who wish to take any photographs must obtain a photography permit from the Ministry of Interior, Department of Aliens (Sudan) or Ministry of Information (South Sudan)."Foreign travel advice: South Sudan"
Government of the United Kingdom.


See also

*
Freedom of panorama Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works ...
* Google Street View privacy concerns *
Image copyright (Germany) In Germany, photo rights or "''Bildrechte''" are the copyrights that are attached to the "author" of the photograph and are specified in the "Law for Copyright and similar Protection" ("''Gesetz über Urheberrecht und verwandte Schutzrechte''"). T ...
*
Legality of recording by civilians The legality of recording by civilians refers to laws regarding the recording of other persons and property by civilians through the means of still photography, videography, and audio recording in various locations. Although it is common for the r ...
*
Ballot selfie A ballot selfie is a type of selfie that is intended to depict the photographer's completed ballot in an election, as a way of showing how the photographer cast their vote. Ballot selfies have risen in prominence alongside the increasing availabi ...
*
Model release A model release, known in similar contexts as a liability waiver, is a legal release typically signed by the subject of a photograph granting permission to publish the photograph in one form or another. The legal rights of the signatories in refer ...
*
Public domain The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...


Notes


References


External links


Bert P. Krages Attorney at Law Photographer's Rights Page
Information about photographers' rights in the US
European Court of Human Rights case law factsheet on the right to one's own imagePhotography and the Law
Photography and the Law Legal Updates
Canadian laws with regard to photographyDigital Rights Ireland » Photographer’s RightsUK Photographers RightsAustralian street photography legal issuesI’m a Photographer, Not a Terrorist!
a UK group set up to fight unnecessary and draconian restrictions against individuals taking photographs in public spaces
Worldwide Photographer's Rights
free ebook {{Mobile phones Privacy law Photography Copyright law Intellectual property law