The Photographer's Right

I'd like to direct everyone's attention to Bert Krages' website. Bert is a lawyer, so he knows his stuff. Look this over and know your rights and responsibilities as a photographer in the American public space. Below are a few bits I've paraphrased over the years: ... In general, if you can see it (without going to extreme measures), you can photograph it: This is how the Hollywood paparazzi operate, but also why — when they get on ladders and climb fences — they get arrested. If you're standing on your own two feet in a place you're legally able to be, you can generally photograph anything you can see with your eyes.

... However, use your brain and the "golden rule": If taking that photo is going to get you questioned by the President's Secret Service staff — is it worth it? Do you really want to freak out that poor person on the train? Be respectful of people and weigh whether or not getting into a confrontation or an awkward situation is worth it.

... People can ask you to leave private property (stores): ... but they cannot take your camera or force you to delete files. They cannot touch you or touch your stuff. If that happens, call the police. Record the actions of the guard/employee or have witnesses. However, you do have to leave the store if asked, which is private property — quickly and quietly. Why let it get to that in the first place? Unless you're doing something crazy, a few photos of cool packaging on a store shelf should not cause such a fuss as to get the staff involved. Be subtle. Use your phone and act like you're checking email.

... How you use the photo has more implications on rights that anything else: While I can take a photo of you sitting on a park bench, if I use it for a billboard about drug abusers, that would get me into trouble as I'm ascribing a value/condition to the subject (from whom I do not have a model release or agreement to do so). Taking photos is fine. Using them can get complicated. As a student, much of your work falls under "academic fair use" (look it up), but now that so many things end up on the web and transcend a school project, it's best to just use photos of things and people that you have permission to use.

... There's always another Starbucks around the corner or a shift change in 3 hours: Come back later.

... Confusion can be handy: Do you speak another language? Babbling to an American store clerk in Chinese is a good way to diffuse a situation. Use this one cautiously, but I once avoided a mugging by acting as if I were deaf (fake sign language).