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Re: Photography and the Law Posted on: Thu, 08 May 2008 19:14:06 +0100


"Marcus Fox" wrote in
message news:tY-dnTZYBqRSsb7VnZ2dnUVZ8qSnnZ2d@giganews.com...
>
> "MC" wrote in message
> news:1210263584.25047.0@proxy01.news.clara.net...
>> "Marcus Fox" wrote in
>> message news:NYmdnVm_IM_8vr7VnZ2dnUVZ8vCdnZ2d@giganews.com...
>> > I'm referring to English Law.
>> >
>> > I'm aware that the current laws on photography permit anyone to
> photograph
>> > anything as long as it's in a public place (subject to the exclusions
>> > on
>> > photos of children at the beach and security installations.
>>
>> No law saying you cannot photograph children (or anyone else for that
>> matter) on a public beach. Society tends to feel uncomfortable about
>> children being photographed in that situation so most photographers tend
> to
>> steer clear.
>>
>> > What is the case as regards photography in places where the public are
>> > generally permitted, but may or may not have to pay entry, or have the
>> > owners refuse to admit them for any reason. Assume that photography is
> not
>> > expressly prohibited, what is the situation should someone end up being
> in
>> > your photo but object to having their picture taken? Places like
>> > supermarkets, hotels, swimming pools, museums, down at your local pub,
> etc
>> >
>>
>> These places are "private property" and not public places. You may be>>
>> should abide by that ruling.
>
>> invited inside but you abide by their rules. If they say no photos then
> you

> I'm aware of that, but I said in the OP "Assume that photography is not
> expressly prohibited" which indicates that the owners have not commented
> on
> photography. I'm referring to other patrons of the establishment having a
> problem with it. If I'm taking photos of my subject, do I have to be
> careful
> not to get them in shot? Or can I just snap away?
>

You can "snap away" until said patrons complain to the proprietor who may
tell the photographer to stop. It is also possible the proprietor could
even offer the complainer the option to leave the premises if they do not
like the chance of ending up in a photo. Best thing is to approach the
proprietor and ask permission. They may give permission with strings (i.e.
no people photos) of they may just let you get on with whatever you want.
Best to ask all the same.

>
> Is "to sell newspapers" not a commercial purpose?

Depending on the circumstances but news is generally "fair game". However,
recently J K Rowling won a court battle to stop a photo of her child being
published when a "pap" photographed her pushing said child in a pushchair.

I would imagine Fred West would be considered "fair game", however.

MC

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