Photos, Ethics and the Law

Things you need to know.If you witness an

accident or an emergency you can take pictures from public property but you cannot hinder police or emergency workers,

Things you should know.You may take

photographs in public places. This includes streets, sidewalks, and public parks.

You can take photographs of people in public places without consent unless they have a reasonable expectation of privacy.

Things you need to know.You may not take

pictures of the military if it is deemed detrimental to national security. You may not take photos of nuclear power plants or in government buildings like courthouses.

Things you need to know.You need permission to

take photos on private property.

You may need permission to take photos at amateur league games.

You may need permission to take photos at a professional leagues game.

What about at school?Schools are usually no

photo zones.Students are not subject

to those restrictions and may consider public areas of the school as public spaces.

Private spaces such as restrooms, nurses office, special education are off limits.

Legal IssuesThere are some basic limitations on the use of people as the subject matter of photographs.

TresspassYou cannot go onto

the property of another without permission to take a photograph of a person.

When you post pictures on Facebook have you gotten permission?

Right of PrivacyThe Right of Privacy

is the right to be left alone.

Violation of one’s right of privacy is considered a tort or civil wrong that can be used to sue you in state court for damages.

Some Rules1. Do not take a

photo of a person that would be highly offensive to a reasonable person.

2. If the photo is taken without intrusion upon another it can be used.

3. You cannot use a photo that would provide private facts.

4. Do not use a photograph of a person for commercial purposes without obtaining a full release.

Changing a photoPicture and subject manipulations have been a part of photography since it was first invented.

O.J. SimpsonIn 1994, Time

magazine published this photo on the cover

O.J. Simpson

Legal principles of privacyUnfairly causing someone to look bad.Taking truthful but embarrassing photos.Using a picture to sell a product or service

without consent.Using a picture to sell a product or service

with consent.Intruding by taking pictures where privacy

could be reasonably expected.

Questions to Ask Yourself1. What do I know.

What do I need to know.

2. What is my purpose?3. What are my ethical

concerns?4. What professional

guidelines should I consider?

5. Who is affected by my decision?

6. What if the roles were reversed? How would I feel if I were in the photos being displayed.

7. What are the possible consequences of my actions?

8. Is there an alternate way to tell the story?

9. Can I justify my decision?

Questions?

Bibliographywww.usatoday.com/tech/columnist/kimkoman

do/2008-4-17-public-photographywww.pcblawfirm.com/Articles/Legal-Issues-in

-Photographing-People.shtmlwww.jsh.org/Journalism_101/index.cfm?reque

stAction=goMenuContent&menu_id=7http://commfaculty.fullerton.edu/lester/writin

gs/photoethics.html