Legal Rights and Restrictions on Photography

 

A Precis of the Legal Aspects of taking Photographs


In Public Places for Personal (private use)
It is not illegal to take a photo of a person without their permission if they are in a public place. For
instance, if you are just walking down the street and take someone’s picture, you are well
within your rights to do so, no matter how violated they might feel. First of all, they have to know
their picture is being taken! They have no rights to demand that you delete the image.
However if they in an area where they have a reasonable expectation of privacy (i.e. on private
property), you are not allowed to invade that privacy by photographing them without their permission.
Persistent or aggressive photography of a single individual may come under the legal definition of harassment.
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
they have no power to demand that you delete any images you have taken. Police officers have
been known to quote Sec. 44 of the Terrorism Act 2000 (this refers to stop and search powers)
however this was ruled illegal by the  European Court of Human Rights in 2010.
Nobody can claim copyright to their own image (their face etc). The owner of the copyright in the
photograph is the photographer – the person who creates it. You as the photographer retain
copyright of an image which remains in force for 70 years from the end of the year after your death.
In the United Kingdom there are no laws forbidding photography of private property from a public
place.


For Commercial use
Two public locations in the UK, Trafalgar Square and Parliament Square, have a specific provision
against photography for commercial purposes without the written permission of the Mayor, or the
Squares' Management Team and paying a fee, and permission is needed to photograph or film for
commercial purposes in the Royal Parks. In some other places photography is completely prohibited such
as in a court. If in doubt ask.
You will also need permission of the subject if you intend to use the image for commercial
purposes, so you will probably need a model release.

It is always best to err on side of caution and obtain a model release.


On Private Land
Photography on private land is not restricted if the landowner has given permission, however,
landowners are permitted to impose any conditions they wish upon entry to a property, including
forbidding or restricting photography.  If you violate the conditions or do not have permission the
landowner (or their representative) has the right to remove you from the premises.

 

In Conclusion

The above is a précis of the many rights and restrictions placed on an individual when taking
photographs, it is worthy of note that the taking of a photograph as described above, whilst not
illegal in itself, may give rise to circumstances that could be unlawful, (if the subject ‘goes over the
top’ they may commit a public order offence) it is therefore only polite and where practical to ask
their permission.

LRRP v1.0  Martin Allen - November 2019

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For more information see the following with their own links...

https://en.wikipedia.org/wiki/Photography_and_the_law

https://www.blpawards.org/competition/photo-rights

http://www.photographers-resource.co.uk/photography/Legal/Access_Rights.htm

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