The dos and don’ts of public photography
Years ago, a lady grew hotter than a fireplace poker because a group of teenage boys gathered on the street in front of her house. She was dancing nude in front of her picture window and the teenagers congregated to watch. She was adamant that she wanted them gone, and she claimed a reasonable expectation of privacy inside her home. She was unhappy when I told her that the boys may have gotten their juvenile jollies, but they were on public property, not taking pictures, and they weren’t committing a crime. She became angry when I suggested that she could stop them from watching by closing her curtains. She was outraged when I told her that some people might consider her a narcissist who loved to show off her goodies.
With cameras in most current cellphones, it seems that more people enjoy taking pictures. Many of these pictures appear on social media, a few have altered history and others have changed opinions. It doesn’t matter if someone uses a cellphone or a very expensive camera, the rules of dos and don’ts of public photography are relatively clear.
When I saw my first Google camera mounted on top of a car, I put two and two together. It would’ve been unreasonable and unrealistically time consuming for Google to obtain a model’s release form signed by every person their cameras captured in public areas.
I recently stopped my car on a county right-of-way to take a picture of an interesting barn. When I exited my car, I heard a man’s voice saying, “Can I help ye?” I quickly snapped a picture and headed back to my car saying, “No thank you.” The man asked, “What are you taking a picture of?” As I was closing my car door I said, “The barn.” While driving away, I felt remorse that I didn’t explain my love of photography, ask him if the barn was his, and tell him how neat it was. Afterall, what I did was legal and the man may have been tickled. If he had indicated his disapproval, I would have deleted the picture.
I administer a Facebook Group comprised of members who post beautiful pictures from various countries. The members, and others, seem to have a disparity of opinions regarding the legality of taking pictures in public. Fundamentally, there is no right to privacy for most things that can be seen from public property. There can, however, be issues if a telephoto lens or hidden camera is used to take pictures of private property if the property owner expresses an expectation of privacy.
Most parks, beaches, streets, and sports fields are considered public property. If pictures are taken from private property that’s open to the public, it’s generally legal. These places can include restaurants, retail establishments and areas open to everyone. The exception is if the property owner or employee says stop, or signs say, “No Pictures,” then pictures shouldn’t be taken. In Georgia, people commit the offense of criminal trespass when they knowingly enter the property of another after receiving notice (including no trespassing signs) that such entry is forbidden. If a person flies an airplane or drone low across another person’s land, or hangs a pole camera across someone’s fence, trespassing occurs and photography isn’t allowed.
Photography that interferes with medical or law enforcement actions can be considered illegal. It’s usually illegal to publish a picture that reveals private information about anyone if they have a reasonable expectation of privacy. This includes inside bathrooms, AA meetings, medical offices, most courthouses and military bases. It’s easy to get arrested, and even easier to get a moniker like ogler, peeper, or voyeur. Therefore, it’s advisable to check local laws before snapping since rules are different in various locales, states and countries.
Publishing a picture that’s misleading or Photoshopped can get the photographer embroiled in a lawsuit. Most people wouldn’t want to see a deceptive or altered picture of themselves that’s indecently displayed as nude.
It’s generally illegal to use a person’s picture for profit without their specific permission. A signed model’s release is a good safeguard. The rules of any website should be understood before pictures are uploaded. Just because someone on public property says no, it’s not always illegal to take their picture. But in spite of rights, I comply when I hear the word no. Photography can be pleasing and enjoyable, but be cautious because legality is often not synonymous with a person’s wish.
Charlie Sewell lives in Cherokee County. His book “I’d Rather You Call Me Charlie: Reminiscences Filled With Twists of Devilment, Devotion and A Little Danger” is available on Amazon. Email him at retiredchiefsewell@
gmail.com.