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legalities


User_Removed 5 4.6k 1 Scotland
24 Mar 2012 2:03PM

Quote:In this case, of course, there are no rights to take photographs without the consent of the landowner.

Not quite.

You don't actually have to actively seek the consent of the landowner, but you have to obey any 'no photography' signs and to stop taking photos if asked to do so.



CB,

No - what I said was correct - there are no rights to take photographs without the consent of the landowner. That is different from saying that any offence is committed by doing so. As in many fields, the fact that you are not forbidden from doing something does not mean you have a right to do it. But, in reality, you are right that there is no reason to desist unless you are asked to by an authorised person (or a sign).

In the case being discussed here, it is not so much that the photographer would have to stop taking photographs if a member of the public asked him but, if that member of the public complained to the landowner, then the landowner could tell him to stop. (But could not confiscate cameras or demand deletion of files).

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Carabosse e2
11 39.7k 269 England
24 Mar 2012 2:31PM
I said 'not quite' - I didn't say it was incorrect but your post implied it would have to be actively sought. I was merely clarifying that. Smile
Paul Morgan e2
13 16.1k 6 England
24 Mar 2012 3:47PM

Quote:First of all, parents have no legal power either to give or withold consent to their children being photographed


It all depends on what the pictures are going to be used for.
User_Removed 10 3.3k 4 United Kingdom
24 Mar 2012 3:51PM

Quote:It all depends on what the pictures are going to be used for
.No, their powers of consent over the photos being taken wouldn't change. The question would become consent to use the photographs themselves for a particular purpose.
Carabosse e2
11 39.7k 269 England
24 Mar 2012 4:40PM

Quote:It all depends on what the pictures are going to be used for.


Sorry Paul, my statement stands: parents have no legal right to give or withhold consent, i.e. a parent's consent gives you no legal cover, at all. For example it is unlawful to take indecent photos of a person under 18. Even with a parent's consent - and even given in writing - it remains unlawful.

Any "consent" is purely courtesy and diplomacy. Nothing more.

The only time a parent (or legal guardian) gets involved is the signing of a model release. As the release essentially a contract, a minor cannot by law sign it and the parent/guardian has to do so on their behalf. But that is all to do with contract law, and nothing to do with photographic law.
Paul Morgan e2
13 16.1k 6 England
24 Mar 2012 4:44PM
There may not be any legal right, but you can still find yourself in hot water, especially if a parent decided to sue.
Carabosse e2
11 39.7k 269 England
24 Mar 2012 4:47PM

Quote:especially if a parent decided to sue.


I'd happily say "See you in court"................. because they would lose, and I would claim my legal costs from them! Wink
User_Removed 10 3.3k 4 United Kingdom
24 Mar 2012 5:03PM

Quote:you can still find yourself in hot water, especially if a parent decided to sue


Sue you for doing what?
Carabosse e2
11 39.7k 269 England
24 Mar 2012 5:18PM
If this was the US they would probably sue you for causing psychological trauma and irreversible damage to their child's mental health, merely by accidentally including the said child in your photo! Wink

Fortunately most of us, on here, don't live over there. Any UK solictor worth his/her (very high) hourly rate would laughingly tell the parents not to bother... and to get a life!! Grin
Paul Morgan e2
13 16.1k 6 England
24 Mar 2012 6:18PM

Quote:Sue you for doing what?


That will all depend on what you were doing.
Carabosse e2
11 39.7k 269 England
24 Mar 2012 7:18PM
I don't think any civil case could be launched on the basis of photos which are taken in a public place. It is possible, if the police got involved, they could try and arrest you on a trumped up charge of behaviour liable to cause a breach of the peace, or whatever, but the likelihood is the charges would be dropped - because they know there's not a hope in hell of securing a conviction - and you would be released with a (meaningless) warning!

Then you could go and do it all over again! Lol! Wink

Quote:There may not be any legal right, but you can still find yourself in hot water, especially if a parent decided to sue.


Which law(s) are you basing this on? How do you come to that conclusion?
thatmanbrian e2
3 342 3 United Kingdom
24 Mar 2012 7:58PM
I wouldn't worry about a person taking civil action against you as although there will be threats and bluster and unpleasantness, suing is very expensive and unless there are genuine grounds no solicitor would recommend it. Criminal action is also unlikely but you may have to face the police as they establish that no criminal law was broken and again this would not neccessarily be pleasant.
devlin e2
4 651 39 India
25 Mar 2012 5:39AM
ohhh dear......this is enough to make one put his camera in the cupboard and sit @ home Tongue...has anyone ever experienced all this ?? or are we just fantasizing Wink on a serious note...i have done street photography in at least 4-5 different countries (and yes that includes the US Wink) and have never ever had a situation go to the extent of the police getting involved on the contrary most people like getting their photo's taken and are pretty puffed up about it when you show it to them ...
julesm 10 1.7k 7 United Kingdom
25 Mar 2012 11:12AM
Once while sitting in a park, I saw a lovely image of a mother and daughter about 50 yards away. I took the shot, (to wait and ask would have missed the shot). She saw mw lower my camera, so I went up to her, showed her the picture, and emailed it to her. She loved it. Not many parents are like that though.

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