PHOTOGRAPHY, TRESPASS, & PRIVACY KNOW YOUR RIGHTS

Photographers sacrifice comfort, time, and convenience to capture different images, and most of us can say that it's worth it. But a humble photograph may seem more controversial now than ever before in its long and distinguished history. Fears of perverts, terrorism, and brand devaluation may seem quite unholy, driving a push to restrict the photographers. From another direction, social media has fueled a love of exposing different aspects of lives through videos and photos on social media.

Like most activities carried out in public, there are many laws regarding photography that restrict when and where you can do it, who you can and who you can’t photograph. Though you can take photos of whatever & whoever you want in a public area, there have been some incidents in the past few years in which the police have stopped and questioned the photographers. Therefore, with such incidents apparently on the rise, a photographer needs to know his/her rights.

Public vs. Private

The majority of incidents in which photographers come into difficulty are that many places they may consider public might be privately controlled. This may include some parks, shopping centers, play areas, and many private structures, depending on the land owner's attitude. It is a trend for the public places to become personal, especially the town centers having new shopping centers.

·       In a public place

It is not illegal to take photos in a public place, and an offense is only committed when a photograph is considered indecent. No law states that pictures cannot be taken in public, including taking photos of other people's children. However, one may commit an offense if the photograph is indecent.

There is no definition of public place in legislation, and it is usually a place in which the public is allowed free access, without any permission or payment. This may include a public highway or a footpath. A car from inside is also considered public property unless it is parked on private property.

You are allowed to take photographs of people or objects while in a public place, and there are indeed some exceptions in which the owner of the property cannot prevent you from doing it. People may not object to you on having their photographs taken.

You don't need to get permission from the people you photograph in the UK until they are in a public place. Typically, using and selling people's images in a general area is acceptable, with the view of being used for artistic or journalistic material. However, if you are to use the image for commercial purposes, it is usually recommended to get the individual to sign a model release form.

·       On a private property

If the person to be photographed is on private land, they could claim their right to privacy, and if it is private land, then the landowner has the right of restricting the photography on their property. You will be using your photos later to be limited by whether you have a model release or a property release, but this might be an entirely different matter.

It is advisable to stop taking photographs on private property if you are asked to do so. The person who is asking may not be having the legal right, but there are chances that the landowner might side with them instead of you, and you could be accused of trespass.

The property owners & the security staff have no right to confiscate, inspect or damage your camera, or insist your photos be deleted. Usually, the people are allowed to take non-commercial photographs on railways and tube stations, as long as they don't cause any obstruction, but it is always good to ask the station staff first.

Harassment

As it is illegal to harass another person, and therefore, taking photographs could amount to harassment, this isn't to say that someone might claim to be harassed just because they were being photographed when they didn't want to.

Harassment is a behavior that may cause alarm or distress to another person, and it doesn't refer to a single incident but a course of conduct. In order to take a photograph, if any photographer stalks a subject or repeatedly thrusts the camera in somebody's face, then this can be harassment.

Invasion of privacy

It can be challenging to determine privacy in UK law. The UK has never recognized the general right to privacy. Still, the European Convention on Human Rights offers everybody the right to respect private and family life, home, and correspondence. It can never be easy for a photographer to know whether taking or publishing a photo might be an invasion of privacy.

When photographs of a person are taken in a public place, this is not an invasion of privacy. The key is whether the site is one where a person would be having a reasonable expectation of privacy. Therefore, when a telephoto lens is used to take a photo of someone in a private place like home without their consent, this can be an invasion of privacy, though it might be taken from a public place.

In the UK, the lack of any coherent law of privacy means that photographers are not only allowed to take photos in public places, but they can even use the images for their commercial gain. However, individuals have rights over the commercial use of photos in some countries. Therefore, it is crucial to obtain a model release for image usage that contains a recognizable person.

At present, this right is not recognized in the UK. Therefore, failure to obtain a model release may impair the commercial usage of the photo because most stock agencies and libraries have an international customer base, and they may not accept the image of a recognizable person without releasing it.

Obstruction

Though you are allowed to take photographs on a public highway, which includes cycle tracks or footpaths, you must remember that it is an offense to obstruct the free passage along the road willfully. This may not become a problem if you are only taking pictures, but if your camera and tripod are set on a busy street, you may be causing an obstruction, and the police may ask you to move on. When photographing near the road at night, it is always advised not to use a flash because this may cause danger to the road users.

Prohibited areas and trespassing

There might be specific prohibitions when you are photographing any restricted sites or military installations, and primarily these are common sense. If there are armed guards and barbed wire fencing and signs saying 'no photography,' you need to point your camera elsewhere and play it safe.

However, it is worth noting that the private property owners don't have any rights to prevent you from photographing their property unless you are trespassing. Trespass is interfering or entering with personal property without the permission of the owner. Interfering might be something as innocuous because resting your camera on a wall to take a shot, but the police would not be taking any action unless they have solid reasons to suspect that you were to no good.

Different places open to the public, like art galleries, museums, and country houses, normally prohibit photography. The main reason is that you need to buy their expensive prints and postcards, rather than on your own.

You may also not be allowed to take any pictures of the court proceedings or the area where it is being held. It is also not permitted to take images of the judge, jurors, or the witnesses in a case when they enter or leave the premises.

Tips to avoid trespassing

·       It is crucial to keep an eye on the 'no trespassing sign,' and if you are photographing the same area frequently, you should be walking through this area at least once in the winter months.

·       You must recognize that you have the best documentation tool that has ever been invented in your hands. If you are to Passover a natural boundary, like a dirt road, a tree line, or a creek, you should take a few pictures of that place. You can use this later to demonstrate the lack of any 'no trespassing' signs.

·       If you find a person nearby who is casting a raised eyebrow your way when you walk through the woods, it is always wise not to wait for them to come after you tell them that you are on private property, and you may be asked to leave.

·       It is always better not to get into the long-winded explanations about knowing the guy who was allowed to photograph in that place or how you just wanted to take some pictures. It would help if you never asked a person who is telling you to leave to prove that he/she owns the property. Whilst it is no doubt true that only a person with reasonable control or ownership over the property can deny access to you, this may not be the right time for any technical distinctions.

·       The majority of the people who are owners of the beautiful scenic properties are already aware of it. This is the reason why they own it and spend their time in that place. You may appreciate it as a photographer, and this might be something you have in common.

Therefore, you can take advantage of the commonality by seeking out the owner in advance and offer to exchange some of your images for allowing you access. You can get the confidence that may come with knowing you have the explicit permission of the owner, while the owner can get permanent keepsakes of the land he is in love with already.

Knowing your rights

Unless you are arrested or driving a car when stopped, you are not required to give your name, address, or any relative information to the police, nor you need to explain what you were doing and where you were heading. However, it is essential for you to know that, under the terrorism act provision, the police have the right to detain you when they search you.

The police can even pat you down or ask you for the removal of your outer clothing, which may include a jacket or a coat. You have to remove any item which they believe may be hiding your identity. They can search your pockets or bags and seize any items which they can suspect may be used for terrorism.

In case of objection to any of this, you might be considered to be obstructing the officer, and therefore, you might get arrested. Unless a police officer is present, a police community support officer may not be able to perform a search.

Though one should be fully supporting the police in the lawful execution of the duties, it is also vital for you to stand up for your rights. Therefore, if you are being stopped, you should always insist in a polite manner that you are allowed to take notes of anything that they say to you. This may include the main reason you were stopped, while you should also see the officer's warrant and note down its number.

By using a voice recorder on the mobile, you might be allowed to record the proceedings or use the video recording feature of your mobile phone camera. If so, then this can be an excellent idea for you to do this for your protection.

Conclusion

One needs to consider a lot than just avoiding a criminal charge. First of all, because you are not guilty of trespassing doesn't mean that you cannot claim any copyright on the structures that appear in your picture. Enforcing copyright is not dependent on a 'No Trespassing' sign. You need to be aware of the trespassing laws. If your hobby or photography business spills into journalism or hidden-camera expose territory, then you should beware. Some rules make it a crime to enter agricultural premises to damage a company with its reputation.