The answer is yes… and no.
The simple rule is that you can photograph nearly all public places and spaces. You can also photograph people in public as long as it falls under editorial content.
What is editorial content in regards to photographing people? How does it differ from photographing people in another manner?
Editorial content tells a story, shows an environment, records an event. The subject matter is the image as a whole – any people in the photograph are a component of the story. They are not the story itself. This is different from portraiture. In portraiture, you are photographing a person as the subject matter and the photograph is meant to capture her likeness.
Consider the following images:
Both images are street photography. Both have minor child(ren)/teen in the images. But one is clearly editorial and one is clearly a portrait. The left would not require model releases. It is an image showing the street, architecture and occupants of a Havana, Cuba street scene. The one on the right is a portrait and requires a model release.
Think about National Geographic magazine. They often photograph intimate images of people. Those images are created with the premise of sharing cultures, their people, their customs and those images are created in the context of editorial content (illustrating how people dress, they way they look, where they live, etc.). National Geographic does not need any special permissions to photograph or publish those images.
Everyone recognizes the Afghan girl, copyright National Geographic, photographed by Steve McCurry:
Although an intimate image of this girl in 1985, she became the face of Afghan refugees in a story about her country’s current political and economic struggles. She made us feel compassion for her people.
All of these following examples are perfectly acceptable and legal for you to photograph:
- crowded Times Square or city atmosphere
- people participating in a parade, demonstration, fair, or concert
- a couple holding hands, walking in the park at sunset
- students leaned over piles of books, studying at your local public library
- neighborhood goings-on, if taken from the public sidewalk
- a portrait of a woman, only okay if used in the sense of “editorial content.”
- an accident or event you stumbled upon (even with intention to sell to the media)
- public figureheads – president, governors, senators, famous people, shot from public property
If you are on public property: parks, sidewalks, the middle of downtown, libraries, you are allowed to photograph the environment, ambience and situational events as long as they are not government buildings, military property, or nuclear power plants. It is perfectly acceptable to photograph public bridges, and buildings (even if people tell you otherwise, such as “architectural copyright”), statues, public outdoor art, fountains, beaches, churches, etc. as long as you do so while on public property. Signage will usually not allow photography at TSA screen checkpoints, but officially it’s legal as long as it doesn’t interfere with safety.
There is a precedence of “reasonable expectation of privacy”. ( <--- fancy legal speak)
This means you cannot photograph people in a situation in which they would normally expect privacy. You cannot photograph in dressing rooms, in public bathrooms, or motel rooms. Most schools also require prior permission (and a darn good reason!) before you take pictures on property or of students. (Want to see how fast the cops are called if you’re the creeper taking photos of school children on the school property playground???)
Here in the US, if the subject in the photo is identifiable and you want to sell the image commercially, you will need a signed model release. Model releases are easy to draft, and a quick Google search will provide you with a template. If you are a photojournalist-style photographer, print several and keep some in your camera bag.
Have you ever been questioned in public or gotten in trouble for taking photographs? Tell your story in comments!
Last week I was at my daughters HS soccer game and I always ask permission to be on the track to take pictures (some places don’t want people on the tracks because of parents who heckle the other team). Anyways there was an administrative intern that I asked and she said I could not because of privacy of the students, etc..but she actually ended up asking someone higher up and they informed her that while during daytime school hours, in the school etc, you cannot take pictures without a signed release, sports are exempt from this rule because it is just an underlying given that people are going to take video and pictures. I found that interesting.
Very interesting, and useful info. Thanks for sharing!
Lots of good information to know and remember. Another place for your list of where photos are not allowed (unless it is your own family) is at the hospital. Never really thought of that before until I started working at one.
Most private property has rules and conditions about photography. Since most hospitals are not public property and fall under the “reasonable expectation of privacy” = no photography.
Excellent point!
Let’s see, where have I had issues with people “wanting” to stop me from making photos?…hm? airports, bridges, oil refineries, factories, concerts (dude, I’m shooting for the band, hellllo) My fav was photographing Swedish Saab military jets in northern Sweden. Are we supposed to pretend we don’t see them in the air?
I’ve learned a little secret. Carry a second camera on your shoulder and you can go just about anywhere and people usually don’t stop you. But that has nothing to do with the legality of the use of the photos.
The only place that my camera was actually taken AWAY from me was at Phillips Arena for a Bon Jovi concert. I don’t sell the pictures that I take at concerts (they’re only for me) and my only camera has changeable lenses (dslr) which are usually not allowed. Now I detach the lens and tuck it away in a pocket in a huge purse, wrap the body in a scarf and cover it in tampons so that security doesn’t check too closely! HA! So far it’s worked! And now I have great shots from Carole King & James Taylor, Sting and Elvis Costello just to mention a few.
What exactly are the legalities concerning concerts? I’ve been stopped before (iPhone video of a concert) and I’ve always been curious about the particulars because usually they’re “public” events….
If you pay for a ticket to get in, it stops being a public event. Permissions at those concerts are usually dictated per artist… some artists like Michael Buble’ or Josh Groban often pull front row attendees on stage and take pics with them. And they are perfectly okay with it.
Since most attendees aren’t smart about flash – it’s mostly a courtesy issue with those around you. If you don’t turn off your flash you’re going to make other concert goers mad pretty quickly. The lady behind me at a concert kept blinding us… and since a flash is really only effective from about 4-10 feet… it was not helping her pictures and making those around her pretty hostile. Finally some brave guy growled at her (not so nicely) to knock it off.
It’s a crappy concert experience if flashes are constantly going off. I think that, just as much as worrying about people recording the event, makes some artists discourage the use of cameras.
I always want to take some photos in downtown Tampa, but I feel like I am invading someone’s privacy or I get nervous about them coming up and bopping me on the head when they see me taking their photo
. I think I need to just go and give it a try.
These are good points to know. I’m planning a “Downtown Photo Safari” with a few friends. I will print this out and share the info.
A few weeks ago I was looking for something to photograph for a “Back to School” photo challenge. In WalMart I saw their school supplies and thought it might work. The manager came up and asked me who I was with. I was obviously standing there by myself, so dense as I am, I didn’t understand. “I’m not with anyone.”
“Why are you taking pictures?”
“It’s a photo challenge.” Can’t take photos in a store. As you have pointed out above – it’s not public property. I guess WalMart has a lot of competitors coming in to steal their shelving ideas. Pfft!
Live and learn. At least he didn’t kick me out of the store.
That’s interesting, because I’ve taken photos in Walmart, Target, and Michael’s and was never questioned or stopped. Maybe it helps that I only 14, so they don’t expect anything.
This is a very helpful list to have handy when shooting out in public!
I’ve taken photos inside stores too, including Target, but I think they just didn’t happen to notice me.
I’ve taken many pictures in Costco for a photo challenge I’m participating in. No questions. I’ve also taken pictures in Joanne’s.
I did get in trouble in Mexico City many years ago when my flash went off in a museum. I was afraid the guards were going to take my camera away, but I just kept saying “no speak Spanish” and they let me go, but they sure followed me around after that. We laugh about it now, but at the time it was rather scary.
Thanks for the helpful info. I’m going to bookmark this!
I often ask people if I may take their photo. So far no one has said no! I am sure someday someone will, but it seems most people don’t mind.
Nice post.
Ever 2010 when I challenged myself to take a picture a day, I carry my Canon DSLR with me at all times! I’m very rarely asked NOT to take a picture, and as a matter of fact, I’m often asked TO take someone’s picture! A few have turned out to be winners! I’ve recently started taking pictures of homeless people in a few public parks in Philadelphia – I ask permission, and more often than not they say yes – and again, I’ve ended up with some great shots!
Great tips Darcy! I did see a link the other day that someone had posted by the ACLU on photographers rights. if you google it, it should pop up if anyone is interested.
According to the post: “When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight over the government and is important in a free society.” Interesting…
This is something in the forefront of my mind right now. The past three years I’ve been asked to take pictures for a local youth football/cheerleading organization (which I do on a volunteer basis, I’m not paid to do so) and I’m starting to wonder if I should be obtaining signed releases for these images. Often the faces of the football players are not identifiable, but there are a handful of shots where that’s not the case, and the players’ names are on their jerseys. The cheerleaders are almost always identifiable since they’re not wearing helmets…. I like to share the pictures I take on my FB page (and the organization’s FB page so that parents can tag themselves/their kids if they so choose), Flickr, and my personal blog – but I’ve never considered selling them commercially. Still, the “what ifs” are starting to make me a tad nervous.
great post. good tips. One thing to check is your city’s policy also. you can take pictures in the park all you want but if you want to sell them you have to have a permit.
I was taking pictures on the railroad tracks down from my house of a friend, and the police pulled over and told us that we couldn’t do it. When I asked why and gave him my card, he said that it wasn’t safe for us to be there. We left and went somwhere else, but I don’t understand the problem.
My children and I recently took a class about trains and track safty for school because of there being so many preventable accidents that happen on the track. It is acually against the law for you to stand on the track or within 10 feet of it I believe. People think standing next to the track they are safe. If you are standing to close you can get sucked under and also the train throws anything that is on the track that can hit you also. The police are just doing their job. As for me I love taking track pictures, just be careful.
Thank you! I always wonder about this.
So so helpful, Darcy. Thanks. I’ve always wondered about that!
Just before 9/11/11 my daughter picked up her new DSLR at a store in the mall. She was checking it out while sitting in her car when she was approached by mall security. Someone had reported a suspicious person taking photos of the mall from a vheicle. She showed the officer that not only did she not have a memory card in it but the battery was not charged. She also had to show her the receipt. It was heartening to know people were being vigilant and reporting suspicious behavior.
Great tips, I am enjoying the series.
I think I was still using my Sony Cybershot point and shoot a few years ago when I was stopped while shopping in the mall with my mom and my three children, taking pictures of them frolicking and playing on the coin operated rides.. The security guard told me photography isn’t allowed. I was flabbergasted because I’d done it countless times prior to that day.
More recently, I went to the mall with my Canon Rebel and while my son played in the kiddie playplace I got into a conversation with another photographer about this topic. I can’t remember it well now, but it was eye opening because I had barely begun to consider the professional world of photography. I still have a lot to learn.
April 2010 my husband and I were on a random road trip for our anniversary and we were on an island in the southern USA. We wanted to capture the sunrise which was suppose to start around 6 am, so we parked our car on the far end of the island and camped out in the back of our vehicle.
Around 2 am the police came by and we got out to talk to them and tell them what we were doing. They okay’d it and left.
An hour later the local ranger came by and had a hissy fit that we were there. When I tried explaining I was waiting to take pictures of the sunrise she flipped and said that “no one would ever want to take pictures of this cruddy island.”
She was worked up – and we didn’t want to cause any problems AT ALL!! – so we told her we’d go to the camp site and stay there until 6 and come back for the sunrise. She agreed to that and left as we headed towards the campsite.
Only problem was – the campsite was totally locked up! We didn’t know what to do (tiny island!!) so we parked our car right outside the campsite.
Twenty minutes later the ranger was back, along with the police (who were quite embarrassed about how much she was picking on us.) she wanted to ARREST US!!
We were beyond confused as we hadn’t done ANYTHING – I just wanted a sun rise picture from her island!!
I finally thought to tell her that my husband was military and that we were not trying to cause any problems AT ALL. For some reason her attitude totally changed. We don’t look like hoodlums (at least I never thought we did!!) but apparently she thought we were trouble, and hearing that we weren’t (even thought I’d ALREADY mentioned I only wanted a picture!!) fixed everything.
She had a complete change in attitude. She sent us back to the end of the island where she originally found us and came to check on us several times to make sure we were ok and came by at the end of her shift to say goodbye. It was BIZARRE.
And then it was overcast at sunrise so there were no super awesome pictures to show for it.
And ya… I don’t think this comment could be any longer. Sorry the story took so long
Oh, man! That is funny (from where I sit)! It reminds me of the time we were spoken to twice in one evening while I was learning stick shift. It was the empty side of a mall parking lot that had a great hill to practice on. Both times we were stopped because we were sitting in the car while my husband explained something to me. I think they thought we were making out.=)
I was taking pictures of the streets and street life and I had someone ask me to put my camera away. They had children and didn’t want a family member who was looking for them to find them. Actually, my camera and I have crazy stories –http://positivelyalene.blogspot.com/2011/05/me-my-camera-and-national-security.html.
As you can see, I need some direction. LOL
I was told by a Airport Security agent not to take photos while waiting for my BIL’s flight. She wanted to take MILs camera. Its the last photos we have of him, as 3 months later he took his life.
Thanks for this info Darcy! I’ve been timid about taking photos in public spaces. Now I have some guidelines.
I was taking photographs of my children at the waterpark in the US, and told it was not allowed. Someone had posted inappropriate photos of children online. So sad on so many levels.
Thank you for such an interesting series! I can’t way to see what’s next. XOLaura
Very useful information. — Yes I was taking pictures in Atlantic City while visiting a friend. We were in this mall that was built inside an old ship. From the ceiling they had hung these huge Postcard like photo’s that I found very fascinating. I was taking picture of them when a Security guard came up and told me that I couldn’t take any more pictures. The reason being that the mall had many expensive shops inside and apparently they felt you could be “caseing” the mall for stores to rob. I felt a little embarrassed but he didn’t take my camera or film away, just asked me to put my camera away.
This is really helpful advice. And, it gives me more photography ideas to create editorial photos to tell a story. Thank you for sharing!
thank you so much for posting this! now is clear as water
i was nervous about going out and taking pics on the streets, but thanks again for the useful info
Enjoying your tips
I’ve seen that officials can get picky when it comes to the purpose of your photography. I grew up in DC — After her wedding, my friend and her new husband went with their photographer to take photos in front of the monuments. Someone spotted them in wedding attire with a photographer and asked them to leave saying that you could not have professional (and paid for) photographs in front of the monuments.
Aye, aye, aye….WELL, a few weeks ago I was doing a portrait session in a public park. A man attacked me and the client, calling us every racist and mysoginist name in the book and spat on us…all because I was taking pictures. Mind you, I was taking fashion style portraits and was actually being quite careful to NOT get anyone else in my shots. He threatened to call the cops on me (for what I don’t know). I was afraid for my life (and my equipment). Obviously, he had no appreciation for the arts. The moral of the story…just because YOU know it is allowed, it doesn’t mean OTHERS know this also.
This post is AWESOME! This subject can be so confusing and overwhelming. Thank you so much for posting!
I was taking pictures on a public beach in CA and a small boy was running through the beach wash with the biggest smile, and expression of elation, throwing splashes of water up as he zipped around. I started to take a picture of him, and his guardian hollered “No” at me. I think I took one shot before they scolded me, and I felt like a whipped puppy, not really knowing what I was doing wrong. I respected their wishes though, and understand their concern. At the time I was surprised and hurt, but it taught me to be more aware of people’s feelings in those situations.
I was taking pictures of my friends while shopping in an outdoor mall. I was told by security that I could not take photos that showed signs, storefronts, etc. I apologized and told him I understood, but got frustrated when he followed us the rest of the night.
Some public spaces do require photography permits for professionals. Prime example U.S. National Arboretum in Washington, DC. Husband & I were there with our DSLRs taking photographs when another photographer (lots of gear, tripod, etc.) walked up with a woman dressed in an evening gown & started to set up shots. A security guard came up, asked to see her photography permit (she didn’t have one) so she was asked to leave. The photographer then pointed at us and asked why we were allowed to stay, guard said we didn’t appear to be doing a professional shoot. Shooting with models or shooting for re-sale can require permits.
Actually, if you are in public, you don’t need a model release for anything. If you can capture the photograph without any special equipment, and you are in public, a model release is not needed. You can photograph a car crash, a burning building, kids playing in the street, etc.
The special equipment would be like a telefoto lens. I can’t stand in the street (public place) and take pictures of the inside of someones house using a special lens. That is invasion of privacy.
However, anything that is done in public and captured on film is not an invasion of privacy.
If you know a lot of about photography laws, then in regards to street photography, if all came about, really, with the court ruling when an orthodox jew sued a photographer because the photo taken in New York, on the streets, was sold. The photographer made quite a bit off the image, and the man in the photo sued over it. The ruling was in favor of the photographer.
Philip-Lorca diCorcia is the photographer.
Along the lines of street photography, and photography in a public place, security, store owners, police, any anyone else with authority can ask you to stop photography. They can NOT ask you to delete the images, take your camera, our SD card, or your film. (As long as you stop photographing when they ask you too and remain calm and polite)