Photography tends to be protected by the law through copyright and moral rights.
In general, under the law of the united kingdom, one cannot prevent photography of private property from a public place, and in general the right to take photographs on private land upon which permission has been obtained is similarly unrestricted. however landowners are permitted to impose any conditions they wish upon entry to a property, such as forbidding or restricting photography.
For example:
You could legally stand outside someones house and photograph them in their property, although this would not be morally right as the subject may not have given the photographer any permission.It is a criminal offense to take a photograph in court of a person, even if you were a judge, a juror or a witness. This includes photographs taken in a court building, or the precincts of the court. Taking a photograph in a court can be seen as a serious offense, leading to a prison sentence. The prohibition on taking photographs in the precincts is vague. It was designed to prevent the undermining of the dignity of the court, through the exploitation of images in low brow 'picture papers'.
Photography and privacy
A right to privacy exists in the UK law, as a consequence of the incorporation of the European Convention on Human Rights into domestic law through the Human Rights Act 1998. This can result in restrictions on the publication of photography.
Examples:
You have taken a photo of me. You have no right to do that.
Yes I do. I can take photos of you from any public “road” (a place where the Queens subjects can pass freely). In bars and nightclubs I have permission from the promoter or owner to take photos.
You have to have me sign a model release form.
No, I do not. Model release forms are not a requirement under UK law. Many forms are really a contract and the model release is there to smooth over any release of photos to another country.
If I was required to make people sign model release forms, I would have to ask everyone in the nightclub to sign one. Journalists would find themselves unable to publish any photos as celebrities would refuse to have the image released to the newspapers.
You have no rights to your image. You cannot claim copyright as I took the photo. I am the creator of the work.
However, in other countries a model release form is a requirement or preferred, which is the reason why photographers in a close setting willl ask you to sign one.
It is harrasment!
No. Unless I go after you with the camera (and I do not do that) and take many photos of you on at least two separate occasions can you even try and go for court.
No. Unless I go after you with the camera (and I do not do that) and take many photos of you on at least two separate occasions can you even try and go for court.
I would personally not go after one person. The same people in my images means less cover of the event and less other people getting photographed. This is not of interest to me or the people I provide images to.
You are invading my privacy
There are no privacy laws that cover people in the UK. There are places where it is reasonable to expect a record not to be taken such as in bedrooms and toilets. As a rule I do not take photos in toilets. Clients don’t want them, I don’t want them, you really don't want them, so it is needless space on a memory card.
You need a licence to take photos
No I do not need a licence to take photos. There are certain situations in parks in London and many press events where commercial photographers require a “licence” but mainly it is permission from the organisers and/or owners from the land.
I do not approve of that image, you have to delete it.
I am not obliged to delete any image or wipe my memory card for anyone. Any attempt to take it is classed as assault under the law
The police, PCSO's, Security Staff, etc, also do not have the power to request or demand the deletion of images. The images are evidence in any attempted prosecution therefore any attempt to delete them will render any case against the photographer as pretty well null and void. To have the images deleted, the prosecution need to apply for a court warrant for that action.
As I am in the photos I am entitled to the original image.
You are not entitled to the original image. Unless we sign a contract you can only have the image in the format I make it available if I choose to. If that involves shrinking it and adding a watermark or not publishing it at all, then that is they way it sadly goes. I am the creator of the works.There are under 16's/under18's in the photo, you cannot publish it.
Yes I can. There is nothing that prevents me from publishing the photo of a child as long as it is reasonable and within the law. Indecency laws cover what can and cannot be published.
You have taken photos on train stations. That is illegal.
No it is not. It never has been. There has been a lot of confusion in recent years due to the privatisation of the railways, health and safety and terrorism, but there has not been any strict prohibition of photography on the UK rail infrastructure. Many police officers, security staff and general staff have been quick to quote the terror act but that ironically also prevents people taking photos of anything as anything really can be useful to a terrorist. My budgie is currently under dire threat from terrorists following his attempts to bring world peace, etc. So any pictures of him will lead to you all being arrested. You begin to get the drift.
Network Rail has released guidelines that are not the best as they don't really cover every eventuality. All TOC's only operate the train station, whilst Network Rail owns it (exceptions are preserved railways and Heathrow Airport train stations)
Basically my advice when approaching railways stations in the UK is:
No flash
No tripods
Use your common sense
Ask at the larger stations
Show respect to everyone
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