About a week ago Kathryn Greenhill wrote about asking permission before you take and/or use a stranger’s photograph.
What’s the right thing to do? I’ve never really given it much thought before. At MPOW we have a consent form that people sign before we use their photo on our website. I assume we ask for permission before we take the photo itself.
We generally also ask people to let us know if they are going to take photos or do any filming in the library, but I’ve been told that that’s just so that we can ensure they don’t obstruct or disturb other users of the library, and not for any other reason. So we might ask them not to take pictures on the first day of semester when it’s extremely busy in the library, for example. But I don’t think we generally refuse permission otherwise.
Pretty straightforward, isn’t it?
Last week I was talking about photos and permission with a colleague. She argues that it is actually illegal to take someone’s photo, even in a public place, without their permission. I was quite surprised to hear this – I think that it is just a courtesy to ask for permission – but that got me wondering, is there any law or injunction against taking photos without permission? I just don’t see how such a law would be enforceable. I can imagine that for certain military installations, and in certain venues, like in a court, one could be forbidden to take photos or videos. And I suppose if one was in a shop the shopkeeper could reasonably refuse to allow you to take a picture – a shop isn’t really a public space – someone owns or leases it for business purposes.
My colleague also thought that we have a responsibility to protect our clientele from being photographed or filmed without permission, but I really can’t see how we can stop anyone from taking a snap of anyone else. (Nor would I want to!) Especially these days with cameras so handily embedded on mobile phones and things like that. Wouldn’t that be an issue for the photographer and the person being photographed to sort out themselves?
Am I completely wrong here?
You would, of course, ensure that if you were going to take photos of someone and create a photo essay or caption about that person, that you would get the facts straight. But that’s another issue altogether.
6 Comments
IIRC, it’s only celebrities who can claim a legal ‘right’ to their image (in some circumstances) and block publication of photos, eg in tabloid magazines.
Then there’s all those rules about not being able to take pictures of kids at sporting events.
One can always do as you do when you travel – smile at someone, point at your camera, and if they smile back it’s ok. Usually.
Most Daycare centres and schools restrict parents taking photos of any children on their premises unless they have the consent of the other parent. They ask for consent before putting their children’s images in any publicity material. This is not legally mandated, but a restriction in your “business proprieter” class.
Kids require a higher level of protection than uni students, however – it is sensible for a school to ask all visitors to report to reception and wear a “visitor’s pass” sticker while they are there – totally irrelevant for a University.
The Arts/Law Centre of Australia has a page about photography in public places. Basicaly, unless you are breaching another law, there is no right to not be photographed. I think we should, howver be a bit careful about the 17 year olds in our care.
“In Australia, there is no right not to be photographed.[R v Sotheren (2001) NSWSC 204] There is also no tort of invasion of privacy to generally protect an individual from having their photograph taken.[Victoria Park Racing and recreation Grounds Co Ltd v Taylor (1936) 58 CLR 479; ABC v Lenah Games Meats (2001) HCA 63.] Nonetheless, there are numerous restrictions such as the law of nuisance or harassment, obscenity, defamation, misleading and deceptive conduct and breach of confidence which may be used by individuals to prevent unauthorised use of their image in particular specific circumstances. These mechanisms combined with criminal law provisions in each State and Territory provides sufficient safeguards”
And..all you ever wanted to know about photography and permissions in Australia, written by an ex-lawyer http://www.4020.net/words/photorights.shtml. Claims there is no special right for kids also. Looks like there is an Attorney General’s position paper from 2005 also.
I think you win the argument with your colleague. Now, are you going to tell her that the “blog people said so” ?
Wow – thanks Fi and Kathryn! I’m glad I just gave in to my laziness – didn’t feel like looking it up and thought I’d just ask instead. I’ll let my colleague know.
All this discussion is very enlightening. Seems that while we work in different countries, our thinking processes are pretty much the same.
The logistics of complying are often a headache. I’m coordinating a children’s award evening and it’s now looking like we have to inform the invitees about having a photographer present and obtain completed photograph permission forms beforehand – with 50 kids invited!
When we take photos of kids activities at my public library it’s usually easier to capture backs of heads