Over seven years have passed since 9/11 but a new symptom (or two) is cropping up in the public arena in which photographers rights are slowing being eroded in the name of public safety and security.
Rights Compromised
Back in March of 2008 word spread in the photography world about British citizens being asked or forced to stop taking photos in public places and in some cases even asked and forced to “delete” their image files from their digital cameras.
“Birmingham police officer ‘forced press photographer to delete images’“
“Clueless Security Guards and Police Harass Photographers. What Rights Do We Have?“
Not long after I kept reading on Carolyn E. Wright’s Photo Attorney Blog how others in the US were having issues similar to Photographers in the Uk. She now has a growing list of infringements against photographers.
Alert: “Photography Not Allowed!”
April 23, 2008 Carolyn even Blogs “Odd Photographer = Terrorist?” where she talks about the UK’s “awareness campaign” highlighting how Terrorists use surveillance (cameras) to plan attacks.
Tripod Terrorism – things get nutty
So not only are photographers being asked to not photograph, delete photographs but now they are being told photography using Tripods is “not allowed”. Another great photographer, podcaster, author, and editor/owner of Photoshop User magazine Scott Kelby even had his own run in with a hotel security guard. He was confronted by the guard because he as carrying a Tripod and photography gear…unreal.
The “Tripod Police” Take Things Up a Notch (You’re not going to believe this one!)
This has become such a joke (scary as it might seem) that some people have taken to selling t-shirts such as “Tripods Are Not A Crime” and Fake Movie posters such as “Day of the Tripods” a spoof on the movie War of the Worlds.
Photographers Get Smart
Some photographers who happen to be Attorney’s have taken upon themselves to publish small one or two page guides on photographers rights. These serve two purposes – to educate the photographer on their rights but if printed to be shared with and used as reference by those who may confront the photographer in the field.
The Photographer’s Rights: Bert P. Krages II (Attorney at Law)
UK Photographers Rights: Linda Macpherson LL.B, Dip.L.P., LL.M
Photographers Get Even
Other photographers have taken to setting up active but silent protests with regard to their rights to photograph in public places.
“Photographers stand up for your rights in LA, June 1“
Copyrights Compromised
I listen to a lot of podcasts these days. It has become my talk radio and a replacement for npr or the like. One podcast I listen to is by Allen Rockwell. Allen is a great photographer who amongst other genres, loves taking photos of military aircraft.
He podcasted and blogged on May 02 how he was photographing aircraft take off
from Nellis Air force base near Las Vegas Nevada. Allen was “asked” to delete certain images from his camera by a Nellis “Security Guard”. Allen knows his photographic rights but not wanting a confrontation and like all who comply with these requests/orders Allen deleted the images to avoid further problems. On May 15th Allen even launched a new
http://photographyisntacrime.com/
All of the above information is just a lead in to my real point, A new symptom of all the restrictions, lack of personal rights knowledge and fear has surfaced.
Copyright Infringement.
I was reading an unrelated blog about Fair Use by the “Photo Attorney” Carolyn E. Wright’s in which she states
“Rights of Copyright Owners
A copyright is created at the moment a work is made into a fixed form. For authors, it is created when you type the words on your computer. For photographers, it is created at the click of the shutter.
…
Copyrights give the owner the exclusive right to do, or to authorize others to do, specific things with their works. Copyright law effectively gives you, as the copyright owner, a legal monopoly on the use of that image. It also gives the copyright owner the right to prevent someone else from destroying their work.“
The last sentence is key and the point tho this whole blog. I believe based my my limited knowledge of Copyright Law that Allen Rockwell and others like him who have been asked or told to delete photos have had their Copyrights infringed upon. So I pose this question -
Can those who request photographers to delete images (taken legally in public areas) be sued by photographers? Do photographers have a claim to bring suite upon those who pressure photographers to in essence destroy their work which at creation, is Copyrighted by the photographer?
This thought has be intrigued and I think I will send this to the Photo Attorney to see if this is a legitimate claim.
Where does all of this end? When will police and rent a cops ignorant of photographic rights stop confronting photographers? Will this escalate even further or will we finally be able to take photographs without looking over our shoulder and hoping we aren’t going to get pinched by local police or accosted by unknowing security guards?
[LT]
