Are you someone who worries about what you can and can’t take photos of while you’re out and about? If so, stay safe and avoid legal issues when photographing people and property with our tips below…
People
Laws vary from country to country but more often than not it’s legal to take and sell an image editorially that contains people without their permission as long as the photo was taken in a public place.
Although there are currently no general privacy laws under UK law, there are some situations where people would expect privacy regardless of whether or not they’re in a public place. Use your internal ‘is this appropriate?’ gauge to make your judgement call. It’s also good to think, if the roles were reversed would you mind your picture being taken in that given situation.
Obviously, if you can get model releases for everyone in your shot then that’s great!
Public property
In general you don’t need permission to shoot in public places. You can take photographs of private buildings or property, as long as you’re standing on public land. There might be exceptions but usually, the rule is, if you can see it, you can shoot it.
Private property
If you’re taking photographs whilst on private property that’s open to the public (e.g. museums, shopping centres) make sure you’re following their rules on photography. If you’ve paid to get in somewhere, the chances are they probably have a policy against commercial photography.  Look out for signs with their photography policy on or if you’re in any doubt then ask someone. If they allow it, it’s a good idea to get written proof of this in the form of a property release to cover your back.
This is just a quick intro to the basics. For more information on what rights photographers have when shooting in public, there’s a great article on theÂ
Remember, laws vary from country to country so before you head out with your camera make sure you check out your local laws.
Top tip: when you’re selling stock, it’s important you annotate your images correctly. Is there recognisable property/people in the shot? Did you get a property/model release to sell the image commercially? It’s fine if you didn’t, we can sell it for editorial uses. If you want more info on when you might need a release check out our handy releases guide for customers (it will help you photographers too!)
Disclaimer, we’re not lawyers and this advice could change.
Quick definitions…
- Public property – Any property that is not owned by a private individual or a company
- Private property – Any property that is owned by an individual or a company
- Property release – A legal release form signed by the property or brand owner, giving permission for the photographer to use or sell the photo
- Model release – A legal release form signed by the person or people in a photograph, giving permission for the photographer to use or sell the photo
- Commercial use – Commercial use generally means that an image is used to sell a product, promote something or raise money for a cause.
- Editorial use – Editorial use generally means when an image is used to illustrate a newsworthy article, a critique or an educational text