UPDATED: Taking pictures of children in public areas

Tulelake, CA— Editorial

Whether or not you may legally take pictures of people without their permission is a question for which the answer is yes or no, depending on the situation.

In public places, you may take pictures of people without legal ramifications. Although they may express outrage and threaten to call police, they have no legal grounds to do so.

Is it Illegal to Take Pictures of People Without Permission?

Private Citizens
· It is legal to photograph private citizens in public areas, such as city streets, sidewalks or shopping malls without seeking their consent

Children
· The law allows you to photograph children in public places without first receiving their parents' permission.

This includes public areas, such as playgrounds.

Law Enforcement Officers/First Responders
· Law enforcement officials are among the types of people that attorney Bert Krages lists among people you may freely photograph. First responders, such as police and firefighters are fair game. However, take care in knowing and observing city or state laws requiring that you must remain a certain number of feet away from a police arrest or contact scene, or you could get yourself in trouble.

Legal Commandments of Photography

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.

II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.

III. People can be photographed if they are in public (without their consent).

The following can almost always be photographed from public places, despite popular opinion:
· accident & fire scenes, criminal activities
· bridges & other infrastructure, transportation facilities (i.e. airports)
· industrial facilities, Superfund sites
· public utilities, residential & commercial buildings
· children, celebrities, law enforcement officers
· UFOs, the Loch Ness Monster, Chuck Norris

Editorial Use Is OK

The legal loophole that allows publishing and circulation of photographs and video images of children is the First Amendment. It protects both freedom of expression and freedom of the press. As long as a photographer uses the images for editorial purposes, and if he took them while your child was in a public setting, they're within the law even if you don't give your consent.

Think twice before taking pictures in public

You're photographing children in public. You will sell copies at an art gallery.

You do not need permission to photograph children in public. Art falls under editorial usage; consent is not required.

Photo Law – Your Right to Take Pictures in Public

Public photography is wide open

That’s the general rule. When you’re on public property (a street, sidewalk, city park, etc) you can take pictures of what you see. This means that you can also photograph private property as long as you’re not trespassing to get the shot.

Is it legal to take photos of people without asking?

In public places where there is no right to privacy, yes you can.

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.

The Photographers Right

James Garland of Tulelake News
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