What's the law regarding taking photos in a place frequented by the public including children etc

ethan

ethan

ethan

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I'm at an event in Trentham Gardens and was just about to leave prior to that event starting and I have just been harrassed by security because somebody has reported me pointing a camera lens in the direction of a playground. Some of the grounds workers are slso telling me I'm not allowed to sell any photos of the event, Spice Girls tribute band, when all I am doing is taking photos of fans prior to the tribute band commencing. That is to say I wouldnt be taking any photos of the band anyway.
You get lots of colourful characters dressing up for these events that make for great photos which is the only reason I attend. I have to be out prior to 7:30 because I only have an annual ticket to cover me up to this time on band nights.
I will be contacting the head of Estates on Monday because I am a regular visitor to this place along with hundreds of other photographers.
 
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Us togs are always getting bad press when we have a big camera,no one ever tells the people with phones to stop taking pictures.
 
There isn't any law.

Public place, you're quite entitled to photograph anything visible from it.

That said. Private place you can be asked to leave. It could be a condition of entry that you don't take photographs for profit. Trentham Gardens - is it a public park or privately owned?

Morally and using common sense it is a little unwise to go around taking photographs of children. You could cause a breach of the peace, which is an offence. If you take photographs of anyone and are asked to stop by the individual, your behaviour could (and bearing in mind I'm using a lot of coulds here), constitute an offence of Harassment.

No-one, including Police Officers can order you to delete any photographs.

You might want to read the following websites

http://www.urban75.org/photos/photographers-rights-street-shooting.html

http://www.photographersrights.org.uk/index.html

I've seen it from both sides, being a keen photographer and I was a Police Officer for 30 years. Never had any problems whilst taking photographs socially, since I've never invaded anyone privacy and certainly in this day and age I would never consider taking a photograph of a child unless it was a relative. When I was a Police Officer I always adopted a sympathetic approached to Photographers - if someone reported someone acting suspiciously I always explained what the allegation was, chatted to them about their cameras etc., so that they realised I knew quite a bit about Photography. I then explained that although normally I didn't have any powers to seize cameras or demand to see their photographs, that it might speed things up if they showed me what was on the memory card. I don't think I ever had anyone being awkward, since all of the people I ever dealt with were never doing anything wrong. Job was sorted and I went on my way. Person repoting matter was updated and that was the end of the matter.

Edit - Just searched on Photograph on the Trentham Gardens Website. Found the admission terms and conditions at

http://www.trentham.co.uk/trentham-gardens/trentham-gardens-terms-and-conditions-of-entry

Bullet points 17 and 18 may well apply to you namely....

  • Trentham Gardens allows photography and use of video/recording equipment within the grounds, with the exception of special event days, for personal use only. Permission for reproduction for any other reason, commercial or otherwise, needs to be gained in advance from Trentham on 01782 657341

  • Trentham reserves the right, in its absolute discretion, to refuse entry or admission to or remove from Trentham any visitor. Whose duty it is to take health and safety, environmental and security concerns into account and at their reasonable discretion may from time to time carry out security searches. Trentham reserves the right to refuse admission to anyone on account of being (or appearing to be) under age, declining to be searched, abusive, threatening, drunken, or other antisocial behaviour, or making unauthorised audio, video or photographic recordings. Trentham advise that no refunds will be offered to customers who are refused entry or asked to leave the Estate.

Any breach of these terms probably will fall under civil action and they could potentially sue you in civil court I suspect, but my knowledge of civil litigation is quite limited.
 
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Thanks for that Andy. I would imagine "unauthorised audio, video or photographic recordings" would apply to recordings and pictures of the band which started at 7:30 and I was making my way out at 6:45. The bands also perform next to the playground so there's a chance photographing the audience could catch some unintended victims "in the cross-fire" .Strictly speaking I still hadn't broken any laws and "special event days" is a bit vague as I've witnessed loads of people and photographers photographing vehicles at car rallys etc.

It's really annoying though when one dimwit of a security guard appears to have a senior moment trying to recollect if he could recall any Peodophile photographers with the same name as mine whilst right behind him there was a 79 year old man running about the place in a nappy with a huge dummy in his mouth that nobody seemed to care about?
 
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There is so much information out on the web it is difficult not to know something about anything !
There are plenty of youtube videos of private security threatening photographers. When the Terrorism Act was brought in police did over use to stop any body they felt like. Until the government ordered the police to calm down the use of the Act for stopping people.
Personally I have not had any problems with police it has also been private security who just seem to want to exercise some control over an individual. I have been to many festivals, events, sports locations, museums etc. IMO the worst have been museum security. I always stay polite, do not get angry or swear at them. Not being a slight built but athletic build most security do not press the bully attitude with me. I have also stepped in when 3 security were harassing one poor photographer.
My advice is always research where you are going, phone, e mail if you have to, get a confirmation e mail or name of some one on authority. Just in case you get approached by security being over pedantic.
 
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