The Laws of Photography
The laws regarding public photography have always been a gray area. In the United States, photographs that are taken for editorial use in a public place generally enjoy Constitutional protection under the right of free speech. There are exceptions, however. Here are just a few of the gray areas:
While taking a picture in a public place is almost always legal, any public place can become a secured emergency area in the event of a police crime scene, disaster, fire or riot. In this case, photography is not legal without permission.
Even editorial photographs can come under scrutiny when a caption is added. If the caption implies something false or slanderous about the person in the photo, then it is no longer protected. And the gray area becomes even grayer when you talk about photos as fine art. That is especially true if the artist intends to sell the photograph.
Photographers cannot take pictures of a person in a public place without permission if that photo is going to be used to promote any goods or services.
Moreover, it is important to note that not all places that seem public are public. Malls, hospitals, restaurants and hotels are all privately owned businesses. |
