Anyone interested in taking up photography should brush up on the rules surrounding their new trade. Some laws are made to protect the rights of the photographer and other laws are made to protect people from our overzealous need to capture life.

The laws we cover below are what I’ve found to be true from research, this should not be taken as legal advice. Laws change often, so what may be true today, may not apply for tomorrow. It’s always a good rule of thumb to check with your local state and county for laws that may apply as well.

photo by Steven Kelley

There was an old farm house that always caught my eye when I drove to work. In the early morning light the farm house begged to be captured. One day I told myself I would stop and photograph it, but I always feared the owner would catch me in the act. I felt like I would be a bandit making off with some secret treasure.

If I had taken the time to familiarize myself with the laws I would have an old barn photograph to add to my portfolio. As long as I stayed on the public road and off private property I could have taken as many pictures as I wanted.

Public Places

The most common questions that come up are about photographing public places. If your feet are touching public property than legally you can photograph anything within camera sight, as long as you’re not violating any ones privacy rights.

That means that statues, buildings, people doing normal street activities, and such are all legal to photograph. Being able to photograph someone in their home while you are standing on the street would be a violation of privacy rights.

Private Property

Private property that is open to the public is also fair game unless otherwise posted. Museums, shopping centers, and restaurants all fall under this category. If the proprietors of an establishment ask you to stop photographing, then you are required to do so.

The proprietors also have the right to ask you to leave the property and this could lead to trespassing charges if you refuse. In some circumstances it’s better to ask permission before pulling out a camera to avoid any conflicts. Judge the situation by how much of a distraction you would be to others enjoying the area.

Privacy Rights

Laws related to privacy rights can be some of the most confusing of all. Violations of privacy rights are somewhat open to interpretation. In the U. S. it’s legal to photograph anyone in public doing normal public things and use these photographs in non commercial ways.

Public restrooms and change rooms are off limits because they are a violation of an individual’s privacy. This is referred to as voyeurism.

How do you know when you are violating someone’s privacy rights? This is where common sense comes into play. It is acceptable to take photographs of a car accident. It is not acceptable to photograph someone in that car accident getting medical treatment. When in doubt ask them for permission before you start shooting. If someone feels they are being harassed they have the right to report you to the authorities.

One of the most sensitive subjects can be photographing children while out in public. Technically it’s not illegal to photograph a child or group of children in a public place doing everyday activities. If a parent or guardian notices that you are taking pictures of their child without consent be prepared to face a mama bear.

This is a situation that can escalate very quickly. This is not a time to quote any rights you may have as a photographer. The fastest way to defuse the situation is to calmly explain what you do and how you would use the photographs.

Model Releases

A model release form is a document that gives the photographer free reign in use of the image without further consent, as long as the photograph is being used for private or educational purposes. Carry a couple of blank model release forms in your camera bag just in case a photo opportunity arises. If you plan to sell the photograph at a later date then a release form is advisable.

Many of you may be wondering how the paparazzi get away with taking photographs of celebrities without a model release form. Celebrities and public figures are considered fair game while out in public. The thought process on this one is that since they’re already in the public eye than their privacy rights are not being violated.

Handling Confrontations

At some point in your photography career you are bound to end up in a confrontation. Understanding the laws surrounding photography and learning how to handle any situation can get you out of some tough jams and even save your camera’s life. Here are a few tricks I’ve learned and just some plain old common courtesy to smooth the way:

• Be courteous and respectful to anyone that approaches you.
• Apologize for any offense that you may have caused.
• Listen to what the problem is and try suggesting an alternative way to solve it.
• Attempt to get the name and job title of the person confronting you.
• At no point does anyone have any right to take your camera or ask you to delete pictures.
• If any of your possessions are confiscated you have grounds to press charges.
• If you are asked to leave a private property than you are required to do so.
• No one has the right to threaten, harm, or detain you in any way. If someone does become aggressive try to leave or contact the local authorities.
• There is nothing illegal about photographing the police (in the U.S. at least) as long as you are not obstructing them from doing their job. On a side note: do your best to stay on their good side.

There are many misconceptions online about what is and is not legal in the world of photography. Please feel free to share your thoughts and leave a comment below!