Rights and Permissions

There are countless misconceptions which surround the business of photography, many of which are adding to the increasing frustrations of the job. The internet is littered with myths regarding image capture and usage. The law is clear and unambiguous however this is not supposed to be a definitive or formal statement on any subject and should not be regarded as such. You should seek clarification from your legal adviser on any issues which affect you or your business. Any commentary made here relates to the law in England and Wales. Laws may differ in your jurisdiction.

There is the widespread public belief that a photographer always requires permission to photograph a person or their property. That is of course not the case, or news reporters, event photographers, street photographers, wedding photographers, and paparazzi would not exist as we know it. In England and Wales you may engage in photography in a public place or at a public event (where there can be no reasonable expectation of privacy) or in any location where photography is not expressly prohibited (such prohibitions often apply within museums, historic monuments, some places of business and military installations). Property owners cannot prevent you from taking pictures of them or their property, even when on private property - providing you have permission to be there, however any site owner may impose their own conditions upon those entering their land. An invasion of privacy might be exemplified by the use of a long lens to capture images of individuals in their home or a private place such as a toilet.

There is an erroneous belief that there exists a separate set of rules and laws governing minors. This is not the case and it is not illegal to photograph children in any public place or any place where photography is permitted (providing you do not intentionally photograph children naked, or attempt to sexually exploit them via the sale or display of indecent material). Parental consent is not required. Be mindful that in some circumstances the photographing of children may draw unwanted attention towards the picture-taker and many schools adhere to strict policies in response to extreme concerns by some parents. Be aware that some children's events may impose restrictions upon photography, even if you are a parent of a child attending that event.

Nobody can demand that you cease your activity nor are you required to submit your camera, cards or film to anyone unless they possess the necessary warrant. In some cities, or parts of cities, photography is not permitted, this relates to Section 44 of the Terrorism Act.

The moment the shutter is squeezed, under Copyright law that image is the property of the person who has taken it, and the subject(s) within that photograph do not have any rights or claims to that image. The photographer may publish and profit from the images they have taken providing the image is not defamatory, is not subject to the restrictions mentioned above, and that the usage is 'editorial' (which includes the use of images as art or for public interest). Almost all professional photographers have wording in their Contracts and Terms reminding clients that they have the right to display the images they've taken. However the photographer is required to gain written consent if they wish to use those images commercially - such as passing them to a stock library, or to any party who may use them to promote, advertise or endorse products or services. On these occasions the photographer must obtain permission from the subject (or the subject's guardian if a minor) in the form of a signed 'model release'.

I am yet to encounter a client who is uncomfortable at the thought of our studio displaying pictures of them, their family, or their property but nevertheless we all need to be mindful of any subject-matter which may be sensitive. Rights aside, it's professional courtesy to consider the feelings of our clients - not every Bride wants her 'boudoir' shots made available for her new in-laws to see and not every mother-to-be is comfortable with her most intimate portraits taking pride of place on your website. Most photographers comply with most reasonable requests, others don't, some apply a surcharge to their fees to offset the loss to their portfolio, and others may choose not to work with that client. How you operate your studio is your concern, but common sense should always prevail.

Further information can be found at the following sites: The Telegraph, e-Photozine, UK Photographer's Rights, The Photography Pages

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