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August 13, 2008

Know Your Travel Photo Rights

Security cameras are everywhere you travel these days — airports, bus stations, subways, inside taxis, street corners, stores; you name it, there’s probably a camera there to record you. However, if you turn around and point a camera back, something interesting happens — authorities get mad and, in some cases, you may well find yourself behind bars.

Knowing when you can and when you can’t take a photo presents an interesting dilemma for the traveler. It seems like every time you turn around there’s another story about some poor tourist being harassed for something seemingly harmless, like photographing their kids in front of a train station.

What’s perhaps more interesting is that here in the U.S. there are in fact very few laws that control what you can photograph. And that remains true even in this new age of heightened “security.” Neither the Patriot Act nor the Homeland Security Act have any provisions that restrict photography.

Most attempts at restricting photography come from low-level security and law enforcement officials who are generally acting way beyond their authority and knowledge of the law. Of course there’s a lot of misinformation about photography and the law making the internet rounds, and it’s not really surprising that many of us, authorities included, are unsure about what’s legal and what isn’t.

So what’s a vagabond do when the cops come for your camera? If you’re planning a trip in or to the U.S., it’s worth downloading and printing out this handy flyer which explains your rights when someone tries to stop you from taking a picture (it’s also a good way to learn when your assumptions are right and when they aren’t — you might be surprised).

However, it’s also worth bearing in mind that a good deal of tact needs to involved when confronted by authorities. You are after all essentially telling someone else how to do their job, and no one likes to be told they’re wrong, even if they are. Be polite and avoid coming off as self-righteous or condescending.

When you’re abroad the situation gets far more complex. The legalities surrounding photography vary radically around the world and it certainly won’t help you to arrogantly proclaim that you have a right to photograph whatever you want when in fact the local laws may not be on your side. [If you know of any similar photographer's rights sheets for other countries, link to them in the comments and I'll update this post.] A good rule of thumb is when someone of authority tells you not to take a picture, don’t.

I’ve found that a bit of discretion goes a long way when taking photos both at home and abroad. When it comes to people, always ask. Not only is it the polite, respectful thing to do, you just might make some new friends.

When it comes to buildings, landmarks, museums and other objects, prudence is key — consider shooting from the hip or at least be quick about it if you think someone might raise an eyebrow.

Then of course there are the private property “no photos allowed” areas. When you’re on private property the owners have the right to do nearly anything they want and if they don’t want photos, you’re out of luck. However, if you’re standing across the street, all’s fair (in the U.S. anyway).

Pointing a camera at something or someone has much more far-reaching consequences than it used to and people are understandably leery of the lens. But of course you want, and should be able to, record your travels. Finding the balance between law, common sense and acting appropriately when taking photos may be more complex than it used to be, but just try to think of it as yet another vagabonding skill to perfect.

[Disclaimer: I'm not an attorney and nothing in this piece should be considered legal advice.]

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Category: Travel Advice
Related Posts: Check out NYT Travel’s travel photo issue, free online, Travel photo show and tell, Photo contests: Glimpse and National Geographic Adventure


One Response to “Know Your Travel Photo Rights”

  1. Kelsey Says:

    Sometimes the shutterbuggery gets a bit out of hand. When I visited the Sistine Chapel more than a few folks were snapping photos to which I thought, “What the hell?” There are countless postcards and books and Google Images featuring photos that are way better than any discrete snapshot from the hip. Sometimes we tourists need to holster the camera.

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