Legal concerns Street photography

1 legal concerns

1.1 canada
1.2 european union
1.3 france
1.4 germany
1.5 greece
1.6 hungary
1.7 japan
1.8 south africa
1.9 south korea
1.10 united kingdom
1.11 usa

legal concerns


see also: wikimedia s country specific consent requirements

the issue of street photographers taking photographs of strangers in public places without consent (i.e. candid photography definition) fine art purposes has been controversial. photographing people , places in public legal in countries protecting freedom of expression , journalistic freedom. there limits on how photos of people may used , countries have specific laws regarding people s privacy.

street photography may conflict laws established protect against paparazzi, defamation or harassment; , special laws apply when taking pictures of minors.

canada

while common-law provinces follow united kingdom, respect freedom take pictures in public place, quebec law provides that, in circumstances, publication can take place consent of subjects therein.

european union

the european union s human rights act 1998, eu countries have uphold in domestic law, establishes in right privacy. can result in restrictions on publication of photography. right privacy protected article 8 of convention. in context of photography, stands @ odds article 10 right of freedom of expression. such, courts consider public interest in balancing rights through legal test of proportionality.

france

while limiting photography in order protect privacy rights, street photography can still legal in france when pursued art form under circumstances. while in 1 prominent case freedom of artistic expression trumped individual s right privacy, legality depend on individual case.

germany

germany protects right take photos in public, recognizes right 1 s own picture . means though pictures can taken without someones consent, must not published without permission of person in picture. law protects against defamation”.

this right 1 s picture, however, not extend people not main focus of picture (e.g. wandered scene), or not recognizable in photo. not extend people public figures (e.g. politicians or celebrities).

if picture considered art, courts consider photographer s freedom of artistic expression; meaning artful street photography can still legally published in cases.

greece

production, publication , non-commercial sale of street photography legal in greece, without need have consent of shown person or persons. in greece right take photographs , publish them or sell licensing rights on them fine art or editorial content protected constitution of greece (article 14 , other articles) , free speech laws case law , legal cases. photographing police , publishing photographs legal.

photography , video-taking permitted across whole athens metro transport network, popular among greek street photographers.

hungary

in hungary, 15 march 2014 taking photographs technically breaking law if wanders shot, under new civil code outlaws taking pictures without permission of in photograph. expands law on consent include taking of photographs, in addition publication.

japan

in japan permission, or @ least signification of intent photo , absence of refusal, needed both photography , publication of photos of recognisable people in public places. hidden photography (kakushidori hidden, surreptitious photography) stolen photography (nusumitori no intention of getting permission) , fast photography (hayayori before permission , refusal can given) forbidden unless in former permission obtained subject after taking photo. people have rights images (shouzouken, droit de image). law strict when taken, or taking, in sense shameful. exception made photos of famous people in public places , news photography registered news media outlets favour given public right know.

south africa

in south africa, photographing people in public legal. reproducing , selling photographs of people legal editorial , limited fair use commercial purposes. there exists no case law define limits on commercial use are. civil law requires consent of identifiable persons advertorial , promotional purposes. property, including animals, not enjoy special consideration.

south korea

in south korea, taking pictures of women without consent, in public, considered criminal sexual assault, punishable fine of under 10 million won , 5 years imprisonment. in july 2017 amendment law voted on in favour of allowing chemical castration of people taking such photographs.

united kingdom

the united kingdom has enacted domestic law in accordance human rights act, limits publication of photographies.

in terms of photographing property, in general under uk law 1 cannot prevent photography of private property public place, , in general right take photographs on private land upon permission has been obtained unrestricted. however, landowners permitted impose conditions wish upon entry property, such forbidding or restricting photography. there nuances these broad principles.

usa

in usa, protection of free speech interpreted widely, , can include photography.

for example, case nussenzweig v. dicorcia established taking, publishing , selling street photography (including street portraits) legal, without consent of person being portrayed, because photography protected free speech , art first amendment.