I've shared Bert Krages' link many times with my students — it's a great POV (from a lawyer) on the rights of a photographer in the public sphere. If you're taking photos out in the world, I'd suggest taking a look and maybe printing it out and keeping in your camera bag.
Her: "HEY!! YOU CAN'T TAKE PICTURES!!"
Me: "Actually, ma'am, we're in a public place and you have no reasonable expectation of privacy. Moreover, you, personally, do not own the copyright of any of the posters in that stack. General civil liberty laws state that if I can see it with my own eyes and I'm in a place where I'm legally allowed to be, I can photograph it — so you have absolutely no legal grounds to prohibit photography... In fact, I can take as many pictures of your posters and of you as I would like."
Her: "Well... I'd prefer if you didn't"
Me: "That's different, now, isn't it?"
... After I presented the facts below, she backed down (but being a polite person, I moved along anyway).
Bottom line, it's useful to know your rights. It's even better to stand up for them.
To it, I often add the following*:
- As a general rule: If you can see it (without going to extreme measures), you can photograph it (this is how the paparazzi operate) — however, how you use the photo can get you into trouble. I can take a photo of you on the train, but I can't use it to ascribe attributes to you in a publication (or online). In other words, I can't use that photo of you sleeping on a train for a poster about drug abuse.
- A property owner (security guard, police, etc.) can ask you to leave private property, but they cannot force you to turn over your camera (i.e.: your property) or delete images (or take your film).
- If a security guard gets aggressive and tries to manhandle you or your gear, call the police — even better, videotape it while you do and tell them what you're doing and why (and that they're committing theft and assault).
Even though the above points are common sense, do you want to get into a confrontation with someone who has a gun? Do what you can to avoid a confrontation. There are lots of ways to do that:
- Do you speak another language? The best diversion to the statement: "You can't take photos here!" is to act confused and respond in another language acting as if you don't understand what they're saying. Most people will leave you alone when they realize they can't communicate with you. I played deaf once to avoid a confrontation — it worked.
- You can often take surreptitious photos easily with your smartphone often acting like your'e checking your email. You don't have to make a big production of it all. If asked, you can say: "Dude, I was taking a selfie." or "I was checking my email."
- If a security guard or employee asks you to leave a store, you need to honor that request (it's private property) — and do so quickly and politely... but chances are there's another Wallgreens or Starbucks around the corner you can go to.
Also, use the golden rule... there's no need to be rude, however refer to the point above about being discreet. I've taken so many photos of things that have been useful without anyone being the wiser or being bothered at all.
Have fun and be careful — but be bold (and not a jerk).
(*I'm no lawyer, so if you have questions, pleas defer to an authority... like Bert Krages)
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