Soldato
Model releases are not required in the UK.
Photography... and the law.
- Thread starter PoundforaBrown
- Start date
Model releases are not required in the UK.
It is quite important to get the law aspect right. No good in thinking you know the law and digging in your heels when it might cause you problems when you refuse to cooperate. Bear in mind when a Police Officer is acting lawfully and is exercising his or her powers of search if you put up resistance, they can use reasonable force to ensure the search is carried out.
As a serving Police Officer it is amazing how many people 'know' their rights and then begin spouting stuff that they heard from an American cop show. Same thing obviously applies to Police Officers, no good in trying to exercise powers if you don't know the legislation.
Over the years I've not encountered too many problems when conducting a search. I've kept my cool, I've explained why I've stopped them and the rational behind it. I've been polite and quick about the search and not delayed people unduely - makes for an easier job. I also have no problem with anyone photographing me or video taping me.
Although I've conducted many searches under Section 1 of the Police and Criminal Evidence Act 1984 and Section 23 of the Misuse of Drugs Act 1971, I've yet to conduct a search under the power granted under Section 43 of the Terrorism Act 2000. I have encountered two photographers over the years near to 'sensitive' locations and once I've got chatting to them it turns out that they harmless enough and were taking night time shots of industrial landscapes. How do I know they weren't Terrorists? I don't, but I know a few men who do
Best advice when dealing with a Police Officer is to remain calm, don't make any threatening moves towards them, don't swear or make any threats. If you aren't in posession of anything that would get you arrested or haven't done anything wrong then the encounter will take minutes.
If you're not happy with the way you are dealt with then complain. I've always advised people to do that, because everytime an Officer winds a person up, it makes it more difficult for the next Officer to do their job.
As a serving Police Officer it is amazing how many people 'know' their rights and then begin spouting stuff that they heard from an American cop show. Same thing obviously applies to Police Officers, no good in trying to exercise powers if you don't know the legislation.
Over the years I've not encountered too many problems when conducting a search. I've kept my cool, I've explained why I've stopped them and the rational behind it. I've been polite and quick about the search and not delayed people unduely - makes for an easier job. I also have no problem with anyone photographing me or video taping me.
Although I've conducted many searches under Section 1 of the Police and Criminal Evidence Act 1984 and Section 23 of the Misuse of Drugs Act 1971, I've yet to conduct a search under the power granted under Section 43 of the Terrorism Act 2000. I have encountered two photographers over the years near to 'sensitive' locations and once I've got chatting to them it turns out that they harmless enough and were taking night time shots of industrial landscapes. How do I know they weren't Terrorists? I don't, but I know a few men who do
Best advice when dealing with a Police Officer is to remain calm, don't make any threatening moves towards them, don't swear or make any threats. If you aren't in posession of anything that would get you arrested or haven't done anything wrong then the encounter will take minutes.
If you're not happy with the way you are dealt with then complain. I've always advised people to do that, because everytime an Officer winds a person up, it makes it more difficult for the next Officer to do their job.
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Soldato
- Joined
- 19 Feb 2012
- Posts
- 4,409
if i do street photography and iam asked by a police officer to explain my reasons for taking pictures ill happily explain to them what iam doing and why, i have no intention of being a terrorist or helping terrorists so if a police officer wants to see my pictures and asked me in a polite and professional manner i have no problem showing him/her.
i have nothing to hide but the points raised in this topic are usefull to know just in case you get the occasional officer to is trying to throw their weight around
i have nothing to hide but the points raised in this topic are usefull to know just in case you get the occasional officer to is trying to throw their weight around
But most people don't want to restrict sales only to the UK.
From my rough stats UK sales are around 3-4% of my global sales.
Soldato
They are however required by most of the biggest and best companies that sell stock photos to other companies, regardless of local law. Istockphoto being a prime example of this.
Soldato
As I said model releases are not required in the UK. If you're dealing outside of the UK look to the appropriate laws that apply. Common sense really.
Here's another bit of legislation that Photographers 'could' fall foul of.
Section 76, Counter Terrorism Act 2008
Basically it is an offence to to elicit, attempt to elicit, or publish information "of a kind likely to be useful to a person committing or preparing an act of terrorism" about
a member of Her Majesty's Armed Forces,
a constable,
the Security Service,
the Secret Intelligence Service, or
Government Communications Headquarters.
Fine is unlimited and up to 10 years inside.
Now I don't think anyone has been prosecuted for this Offence yet, but it onlu hit the statue books in 2009.
It looks quite draconian at first glance, but it allows a defence of 'reasonable excuse' in that is a defence for a person charged with this offence to prove that they had a reasonable excuse for their action.
What is a reasonable excuse? Good question and I don't think it has been tested in Court, though I suspect taking photographs of Police Officers in public order situations or to highlight corruption cases both by the media and public would be covered by 'reasonable' excuse, as would taking photographs of Armed forces staff at Parades / Changing of the guard etc.
I suspect if you're taking photographs to assist terrorism or that could potentially compromise anyone of the above groups by exposing them to a terrorist threat then I suspect it wouldn't fall into the 'reasonable' excuse category.
Interestingly enough, PCSO's do not fall under the umbrella of this legislation because they do not hold the Office of a sworn Constable (Special Constables do).
Section 76, Counter Terrorism Act 2008
Basically it is an offence to to elicit, attempt to elicit, or publish information "of a kind likely to be useful to a person committing or preparing an act of terrorism" about
a member of Her Majesty's Armed Forces,
a constable,
the Security Service,
the Secret Intelligence Service, or
Government Communications Headquarters.
Fine is unlimited and up to 10 years inside.
Now I don't think anyone has been prosecuted for this Offence yet, but it onlu hit the statue books in 2009.
It looks quite draconian at first glance, but it allows a defence of 'reasonable excuse' in that is a defence for a person charged with this offence to prove that they had a reasonable excuse for their action.
What is a reasonable excuse? Good question and I don't think it has been tested in Court, though I suspect taking photographs of Police Officers in public order situations or to highlight corruption cases both by the media and public would be covered by 'reasonable' excuse, as would taking photographs of Armed forces staff at Parades / Changing of the guard etc.
I suspect if you're taking photographs to assist terrorism or that could potentially compromise anyone of the above groups by exposing them to a terrorist threat then I suspect it wouldn't fall into the 'reasonable' excuse category.
Interestingly enough, PCSO's do not fall under the umbrella of this legislation because they do not hold the Office of a sworn Constable (Special Constables do).
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Ok, lets change the subject slightly and get off the subject of Police and Photographers and move onto another area of law that Photographers might not know about.
It concerns Photographers and Wildlife. Eh?
Section 1(5) of the Wildlife and Countryside Act 1981 makes it an offence to
either intentionally or recklessly disturb any wild bird included in Schedule 1 of the Act while it is building a nest or is in, on, or near a nest containing eggs or young; or to either intentionally or recklessly disturb the dependent young of such a bird
This offence is an arrestable offence and the penalty is a fine of up to £5,000, and/or six months' imprisonment.
List of Schedule 1 Birds (not exhaustive and may be subject to change - please check)
Avocet
Bee-eater
Bittern
Bittern, little
Bluethroat
Brambling
Bunting, cirl
Bunting, Lapland
Bunting, snow
Buzzard, honey
Capercaillie (Scotland only)
Chough
Corncrake
Crake, spotted
Crossbills (all species)
Divers (all species)
Dotterel
Duck, long-tailed
Eagle, golden
Eagle, white-tailed
Falcon, gyr
Fieldfare
Firecrest
Garganey
Godwit, black-tailed
Goshawk
Grebe, black-necked
Grebe, Slavonian
Greenshank
Gull, little
Gull, Mediterranean
Harriers (all species)
Heron, purple
Hobby
Hoopoe
Kingfisher
Kite, red
Merlin
Oriole, golden
Osprey
Owl, barn
Owl, snowy
Peregrine
Petrel, Leach's
Phalarope, red-necked
Plover, Kentish
Plover, little ringed
Quail, common
Redstart, black
Redwing
Rosefinch, scarlet
Ruff
Sandpiper, green
Sandpiper, purple
Sandpiper, wood
Scaup
Scoter, common
Scoter, velvet
Serin
Shorelark
Shrike, red-backed
Spoonbill
Stilt, black-winged
Stint, Temminck's
Stone-curlew
Swan, Bewick's
Swan, whooper
Tern, black
Tern, little
Tern, roseate
T i t, bearded
T i t, crested
Treecreeper, short-toed
Warbler, Cetti's
Warbler, Dartford
Warbler, marsh
Warbler, Savi's
Whimbrel
Woodlark
Wryneck
Photographers can and do fall foul of this legislation, however you can apply for a licence to photograph the above birds at the nest from the relevant regional body, such as Natural England, The Countryside Council for Wales and Scottish Natural Heritage
The Royal Photographic Society also has a code of conduct page which outlines good practice in relation to all Wildlife, not just birds.
It concerns Photographers and Wildlife. Eh?
Section 1(5) of the Wildlife and Countryside Act 1981 makes it an offence to
either intentionally or recklessly disturb any wild bird included in Schedule 1 of the Act while it is building a nest or is in, on, or near a nest containing eggs or young; or to either intentionally or recklessly disturb the dependent young of such a bird
This offence is an arrestable offence and the penalty is a fine of up to £5,000, and/or six months' imprisonment.
List of Schedule 1 Birds (not exhaustive and may be subject to change - please check)
Avocet
Bee-eater
Bittern
Bittern, little
Bluethroat
Brambling
Bunting, cirl
Bunting, Lapland
Bunting, snow
Buzzard, honey
Capercaillie (Scotland only)
Chough
Corncrake
Crake, spotted
Crossbills (all species)
Divers (all species)
Dotterel
Duck, long-tailed
Eagle, golden
Eagle, white-tailed
Falcon, gyr
Fieldfare
Firecrest
Garganey
Godwit, black-tailed
Goshawk
Grebe, black-necked
Grebe, Slavonian
Greenshank
Gull, little
Gull, Mediterranean
Harriers (all species)
Heron, purple
Hobby
Hoopoe
Kingfisher
Kite, red
Merlin
Oriole, golden
Osprey
Owl, barn
Owl, snowy
Peregrine
Petrel, Leach's
Phalarope, red-necked
Plover, Kentish
Plover, little ringed
Quail, common
Redstart, black
Redwing
Rosefinch, scarlet
Ruff
Sandpiper, green
Sandpiper, purple
Sandpiper, wood
Scaup
Scoter, common
Scoter, velvet
Serin
Shorelark
Shrike, red-backed
Spoonbill
Stilt, black-winged
Stint, Temminck's
Stone-curlew
Swan, Bewick's
Swan, whooper
Tern, black
Tern, little
Tern, roseate
T i t, bearded
T i t, crested
Treecreeper, short-toed
Warbler, Cetti's
Warbler, Dartford
Warbler, marsh
Warbler, Savi's
Whimbrel
Woodlark
Wryneck
Photographers can and do fall foul of this legislation, however you can apply for a licence to photograph the above birds at the nest from the relevant regional body, such as Natural England, The Countryside Council for Wales and Scottish Natural Heritage
The Royal Photographic Society also has a code of conduct page which outlines good practice in relation to all Wildlife, not just birds.
Associate
I know that photography in public is allowed, library's, town, etc...
mmm, not always. will very much depend on exact locations.
train stations will almost always be private property and they (the station operator) require prior permission. they may also refuse the use of tripods as a trip hazard, flashes that distract drivers etc.
it will vary though, south west trains dont seem to be too bothered - http://www.southwesttrains.co.uk/adviceenthusiasts.aspx (same rules for east mids as theyre both operated by stagecoach)
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Soldato
Whatever the law be polite to those you photograph if someone doesn't like the photo taken its not worth worth arguing with them, just delete it and carry on, or look at it another way if that doesn't suit, its not worth having your camera bounced off the nearest wall.