QUESTION

Am I allowed to photograph people in their cars stopped at the red light?

Asked on Mar 30th, 2013 on Entertainment Law - California
More details to this question:
I would be photographing from the sidewalk. I am a student and the photographs are for art purposes.
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4 ANSWERS

Theodore M. Roe
Yes you can. Here are some other answers to common questions for photographers. 'You can't take my photo without permission' . Oh yes you can, usually. Point to the CCTV cameras and wave, they never asked either. Of course it is perfectly understandable that individuals may feel singled out and perhaps intimidated, frightened or angry not to be in control, but it's not a legal point. * *'You have violated my copyright'*. This is in no sense true. There is no copyright in the human face or form, and copying would anyway mean cloning them, not creating an image. An image of a person is copyright of the photographer. 'You have violated my privacy'.* Legally this is unlikely to be true. There is no right to privacy in public places as a rule. There is a right to privacy in private places and in public places where there is a reasonable expectation of privacy (eg public toilets), but how extensive this is depends on circumstances. In private places that are open to the public, permission of the landowner is usually sufficient to be able to photograph visitors and staff. However a recent court case upheld a right to eat a meal in a restaurant in privacy even though the restaurant owner had consented to the photography, because in the court's view it was a customer's normal expectation not to be photographed there. If in doubt, this is probably the question to ask yourself. * *'You have violated my human rights'*. Police seem to sometimes object to being photographed on the grounds that their 'Human Rights' are being violated. This really means the same thing as 'privacy' and there is none in the street as the presence of CCTV and police photographers shows. The Human Rights Act 1998 recognises a human right to expect privacy wherever privacy is normal, eg in the home. So photographs taken where privacy may be expected require permission of the subject. EG photographs taken from public places that depict someone within their home in a situation where they expect privacy, for instance through a window using a telephoto lens, /will/ be actionable. * *'You are harassing me'.* Photography can indeed constitute harassment, but for an act to constitute harassment requires deliberate acts of harassment on at least 2 separate occasions. The complainant may then seek a restraining order from the court. Harassment is potentially an issue for paparazzi in their pursuit of celebrities, but equally a restraining order has been used to suppress inconvenient photography. 'You need a model release' . Model releases are not necessary for anything except photographs to be used for commercial purposes. For editorial or artistic purposes they have no relevance unless you intend defaming the subject and need them to make a contractual agreement not to sue you for libel. If you intend selling the image for marketing or advertising use that implies endorsement by the subject, then yes, you need a model release (or rather, the advertiser does). 'You have violated data protection law' . Superficially this seems correct as the Data Protection Act does indeed prohibit the recording of data that identifies an individual. A photograph certainly qualifies and the DPA certainly applies to CCTV monitoring, ID photos etc. However the DPA Part 1 Section 3 specifically exempts as a 'special purpose' photographs or other data recorded for journalism, or for artistic or literary purposes.
Answered on Apr 02nd, 2013 at 1:32 AM

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Litigation Attorney serving Birmingham, MI at Lippitt O'Keefe Gornbein, PLLC
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Probably not without their permission. Among other things, it may be a violation of their privacy.
Answered on Apr 01st, 2013 at 3:53 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Yes, photographs taken from public streets, sidewalks and parks are allowed as long as you dont cause any disruption in the activities of others (drivers, pedestrians, etc.)
Answered on Apr 01st, 2013 at 3:53 PM

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Susan Marie Basko
It depends what you mean by "allowed." You can legally photograph cars at the stop light, but you want to photograph the people in the cars and use them as an art project. I don't think you'd be able to show or sell such photos without people claiming you have invaded their privacy or right of publicity. Also, I think you might be stopped or arrested by the police, and you could try to argue that you are within your rights. However, I do not think you are within your rights. I also think that if you engage in this activity, you are likely to be punched or shot or otherwise injured by people who don't like what you are doing.
Answered on Apr 01st, 2013 at 3:45 PM

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