Photography Laws, Copyright and Trespass
By Stirlyn • Jan 11th, 2008 • Category: PhotographyPhotographers need to know where we stand in relation to copyright and trespass laws. It isn’t that there are specific photography laws or regulations covering photography. UK law operates more on the basis of what you are not allowed to do, rather than enshrining rights in a constitution. Truth is there is little in the way of photography restrictions enshrine in law when it comes to photography in a public place.
As a rule of thumb, providing you have permission (if on private property) or you are photographing the subject whilst on public land (as well as the subject you are photographing is on public land) then there should be no photography restrictions. You may encounter problems with trepass if you are on private land, or land that has restricted access
The problem is, photographers are being challenged more and more by police, security guards, and members of the public. Street photographers may encounter this more and more. However it is said that if you appear to be covertly taking pictures, this may lead others to suspect you’re up to no good. Even then, that is not enough to stop you making work.
I have been looking around to see whether I could find some extra information on this and found these resources.
UK Photographers Rights Resources
Artlaw has an archive of legal articles related to visual artists. There is some comprehensive information about copyright for artists and they have a Q&A service that will answer questions of you cannot find the information you want there. Check out the article on Copyright before 1989 and check the section on Current Copyright Legislation.
Simon Moran hosts a great resource on UK photographers rights. Written by a legal expert and presented as an A4 document that can be printed double sided and carried around with you it is a good reference of the salient relative laws relating to photography.
Will Burrard Lucas has written a brief article outlaying his view of UK Photographic Copyright. Over at Togs Blog you can find another write up guide to UK Photographers Rights
These are just some of the material online relating to copyright, trespass laws and photographers rights with relation to public photography restrictions. When I find some more I will post them here.
I’ve been hearing a lot of discussion on this topic lately. I am glad you brought it up and I am looking forward to hearing more about it! Thanks for sharing the links too!
A recent case in the Queens Bench Division before Mr Justice McCombe on 22nd May 2008 has reference. In dismissing a claim for a judicial review by one Andrew Wood. His Lordship held that the taking and retention of photographs by the Police of the claimantwas not an infringement of the right to privacy under Article 8 of the European Convention on Human Rights. There were no English cases dealing with the retention of photographic material by the police but the English courts at the highest level had adopted a very robust approach to the question of interference with artice 8 rights. Bearing those rights in mind, there had been no interference with the claimants rights. This is the “bare bones” of the matter. i suggest you do your own research.