How to deal with Police when out photographing (& Photographers Rights)

[Doktaduck]

It seems strange to keep commenting on a post made over 3 years ago, but as a new user of a camera (I'd hardly call myself a photographer yet), I must say that this has concerned me a little, and also has driven my attitude of NOT taking my camera out a lot to events, or even just shopping trips to the city...

I really want to take some photos of some of the great Melbourne architecture, but man if "they" don't make me feel "dirty" by doing so...

Thanks again for the topic.

[kiwi]

Don't over-react, taking touristy pics like you describe is perfectly normal behaviour and you would not even be looked at twice.

[Darey]

The Manly Daily, Friday January 11, 2013 Article on Page 9.

" Man charged over beach photos "

Here we go again, some "DROPKICK" has been taking naughty shots of kids and now the mums and dads will be on the look-out and be very suspicious of any Photog carrying a camera with a large professional looking lens. If your shooting near the Northern Beaches area be very obvious about what you are shooting and be prepared to show anyone your shots if necessary.

Following is a quote of the article from Page 9.

Warriewood

Man charged over beach photos

A MAN has been charged with child protection offenses after he allegedly photographed children at Warriewood Beach on Saturday, January 5.
About 2pm a woman told a council lifeguard she was concerned a man was taking photos of children. Northern Beaches crime manager Insp Craig Wonders said the lifeguard approached the man, who was sitting in a car, and asked to see his camera. Police were called after the man refused and then left the area. Insp Wonders said detectives executed a search warrant on a house at Rydalmere on Tuesday and arrested a 55-year-old man. They seized computer equipment, hard drives and storage devices. The man will appear before Parramatta Local Court on February 27.

If the man is guilty I hope he gets a heavy sentence. Equally, if he is found to be innocent it would be nice to see the Manly Daily report the fact. (I don't think that would happen so the damage is done.)

[extraball]

saved me starting a thread about this. Last weekend, at the beach I taking shots of surfers, and swimmers etc. I later thought of the legality, and wether my activity could be seen as deviant. My wife was with me taking shots, so I guess that helped legitimise my purpose for taking photos. But I would like to shots in shopping centres, some urban stuff, and am concerned that people may not be as tolerant in a less casual/carefree surrounding (compared to the beach).

[ricktas]

saved me starting a thread about this. Last weekend, at the beach I taking shots of surfers, and swimmers etc. I later thought of the legality, and wether my activity could be seen as deviant. My wife was with me taking shots, so I guess that helped legitimise my purpose for taking photos. But I would like to shots in shopping centres, some urban stuff, and am concerned that people may not be as tolerant in a less casual/carefree surrounding (compared to the beach).

Shopping Centres are private property and thus a different set of legalities apply. Shooting in public means taking photos when you are on public land (streets, roads,footpaths, beaches etc. But be aware that some footpaths and open spaces are on privately owned land as well. When taking photos on private property, it is best to try and seek out the property owners permission first.

[extraball]

Shopping Centres are private property and thus a different set of legalities apply. Shooting in public means taking photos when you are on public land (streets, roads,footpaths, beaches etc. But be aware that some footpaths and open spaces are on privately owned land as well. When taking photos on private property, it is best to try and seek out the property owners permission first.

thanks for the that. One question, when we publish a photo (net or print media) with members of the public as subject matter, are we leaving ourselves open to legality issues? I have read that we can seek written permission from indiviuals on the spot, but this wouldnt be practicable for crowd scenes.

[ricktas]

thanks for the that. One question, when we publish a photo (net or print media) with members of the public as subject matter, are we leaving ourselves open to legality issues? I have read that we can seek written permission from indiviuals on the spot, but this wouldnt be practicable for crowd scenes.

No, unless you use the photo for commercial gain, IE you sell the photo to Coca-Cola and then they use the photo with a big Coke bottle next to the person's image. By doing this, it is implied that the person in the photo endorses Coke, which they may not. They can sue!

So that is when you require a model-release.

[bobt]

saved me starting a thread about this. Last weekend, at the beach I taking shots of surfers, and swimmers etc. I later thought of the legality, and wether my activity could be seen as deviant. My wife was with me taking shots, so I guess that helped legitimise my purpose for taking photos. But I would like to shots in shopping centres, some urban stuff, and am concerned that people may not be as tolerant in a less casual/carefree surrounding (compared to the beach).

Always a problem ... there are so many candid shots out there just dying to be taken - but you can't risk it in case you get labeled a pervert! I too take my wife along sometimes to "legitimise" my perverted photography. I'd actually like a booth in a shopping centre with one way glass, and just sit there taking photos. I just love the candid shots I see all the time but can't take.

[Xenedis]

I'd actually like a booth in a shopping centre with one way glass, and just sit there taking photos. I just love the candid shots I see all the time but can't take.

You can capture those images; the only thing holding back legitimate photographers from practicing their craft is fear and paranoia.

The worst thing photographers can do is walk around on egg shells as though we're up to something we shouldn't be.

[extraball]

You can capture those images; the only thing holding back legitimate photographers from practicing their craft is fear and paranoia.

The worst thing photographers can do is walk around on egg shells as though we're up to something we shouldn't be.

plus it's a shame that these candid/urban shots will not be recorded, so much history lost.

[bobt]

You can capture those images; the only thing holding back legitimate photographers from practicing their craft is fear and paranoia.
The worst thing photographers can do is walk around on egg shells as though we're up to something we shouldn't be.

Yeah ... all good in theory, but in practice it's often not so easy. Odd when you consider how many times our photos are taken each time we go out with so many security cameras snapping away at us!

[Kym]

You can capture those images; the only thing holding back legitimate photographers from practising their craft is fear and paranoia.

NOT in a supermarket, shopping centre or other private property. Which is what Bob was saying.
In the public in general go for it.
Some councils have restrictions (eg. Waverley in Sydney)

[Xenedis]

NOT in a supermarket, shopping centre or other private property. Which is what Bob was saying.

Understood; my comment was more about photographers in public places.

Even there, people unfortunately act like they're doing something naughty, which is a shame.

[vk2gwk]

Whenever I go on the beach with the long (and highly visible) lens to shoot surfers I make sure my wife is close..... I haven't had a problem yet but expect some idiot may start causing trouble and calling me a pervert... I wonder if a proper reply to that would be: "Please give me your name and address because I want to sue you now for defamation....". Depends on his size...

[in2fx]

an interesting threat, and thanks Nick for posting your thoughts on the matter

[Redgum]

Geez, making statements on a public forum about taking photos of (half naked) surfers and then identifying the beach, all your own personal details including a photograph, identifying your gear down to the last detail (except serial number) and threatening to prosecute anyone that gets in your way is sure to attract the attention of authorities. Possibly at the head of the list already just waiting for something to happen. Point of view is fine but it's not wise to threaten others that have rights identical to your own. Always wise to ask or negotiate and if the answer is no, go somewhere else.

[graemelee]

Great info

[TAG]

This is useful for the legal side and common courtesy also goes a long way,
treat others as you would have them treat you at least

[Allie]

It is interesting that I saw this thread opened again today as my partner and I actually went to the beach today. He is quite ill and uses home and portable oxygen 24/7. He also uses a mobility scooter and decided to go to the end of the pier by himself to check if people were catching anything. When he returned he said he had taken some photos of some young girls and immediately my reaction was he needed to be careful taking photos of young girls due to him being a male.

It turned out the girls were taking photos of each other with their own camera and asked him to take one of them together. I feel sad that my reaction, before I knew the situation, was to immediately think that his taking a photo could be considered negatively (which it probably would have if it had been his camera) when in reality he was simply doing the girls a favour.

[MissionMan]

It is interesting that I saw this thread opened again today as my partner and I actually went to the beach today. He is quite ill and uses home and portable oxygen 24/7. He also uses a mobility scooter and decided to go to the end of the pier by himself to check if people were catching anything. When he returned he said he had taken some photos of some young girls and immediately my reaction was he needed to be careful taking photos of young girls due to him being a male.

It turned out the girls were taking photos of each other with their own camera and asked him to take one of them together. I feel sad that my reaction, before I knew the situation, was to immediately think that his taking a photo could be considered negatively (which it probably would have if it had been his camera) when in reality he was simply doing the girls a favour.

I think it's a sad indication of a sick portion of society and our reaction to it rather than anything wrong. I don't think its necessarily new in society, I think we just have more visibility of it where in the past, someone would have got away with it and no one would have known.