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Legal Information

You have a right to take photos and if you can freely see something, you can photograph it. If a place is open to the public, then you can take a photo of whatever is on view.
You can take most photographs for the simple fact that there are very few laws that say that you can’t. The are no laws that prohibit the taking of photographs on public or private property (except for special circumstances such as airports ,certain government facilities etc).
“Absent a specific legal prohibition such as a statue or ordinance, you are legally entitled to take photographs.”
—The Photographer’s Right, by Bert P. Krages II
Therefore this would enable me to shoot on public land, such as parks, walkways, etc. Without legal constraints.

There are three caveats: privacy, trespassing and publishing. You can’t photograph people who have an expectation of privacy; if the security guard demands that you leave, you must (but you can still take photographs, that’s a different thing); and, although you can legally take a photograph, there are more restrictions if you want to publish that photograph (e.g. sell the shot or put it on the Internet). The are no general laws against taking photos. Photography is considered an artistic expression which, if anything, is protected not prohibited. The laws that do affect photographers are mostly about the subject of the photo. The laws are there to defend the subject’s property and prevent you from “stealing” what is valuable to someone else.
The property in question can be: a person’s image and reputation (privacy); artwork (copyright); business reputation (trademark); land (trespassing).
Therefore, i could still shoot in a public area, but if shooting around a business, or a private building, or any logo’s or trademarks etc, i would need permission from the owners to publish these images.

It is always best to check with the land owner’s permission, or anything within the scene, or perhaps consult somebody who may know whether it is safe to publish the images.
Always make sure release forms are signed for model’s, and also property to make sure you are covered legally in any eventuality.


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