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Ireland Photography Rights
Photographing on Public Place
? You can freely take pictures of anything you wish, when in a public place. This includes pictures of private property and people.
? You are not allowed to harass people in the course of your photography - stalking someone, or repeatedly blocking their way to take a photograph of them could be construed as harassment..
? Taking photographs of people in public is generally allowed - however, an exception is made where the subject would have a reasonable expectation of privacy.
? You?re perfectly entitled to take a photograph of someone walking down the street - but hiding in a tree to take a photo of them in their home may get you into trouble.
? You are not allowed to obstruct movement on the highway (roads, footpaths, cycle paths etc), or the work of a police officer, while taking photographs.
Photographing on Private Property
? On private property, you are allowed to take photographs, if you have permission by the property owner. However, the owner can impose conditions on your entry to the property, which may include a ban on photography of certain things, or a ban on certain types of photography (e.g., flash photography, etc).
? If you enter a private property the owner is entitled to demand that you cease taking photographs, and that you leave the property. If you do not have permission to be on the property you are a trespasser so the owner has the right to use reasonable force to remove you if necessary, however the property owner should not threaten or attacked. The property owner does not have the right to confiscate or damage any of your equipment.
? The occupier of a private property, where he is not the owner, has the same rights as the owner.
? Security guards may also act for the owner or occupier in exercising these rights.
? Violating the conditions under which you were admitted to a property voids your permission to be there, and you may be guilty of trespass. Trespass is a crime in some unusual cases but damages are more commonly sought in a civil case.
? If you are taking photographs on private property with the aim of selling the images you should get written permission in the form or a ?Property Release Agreement? document signed by the owner.
Legal Restrictions
? You may be found in contempt of court if you photograph and publish a photo of a defendant, where the identity is in question.
? You may also be found in contempt of court if you publish a photograph that might prejudice the defendant by insinuating his guilt or a photograph that might reveal prior convictions.
Your Subject?s Rights
? When taking photos you should take into account the ?right to privacy?, but in general at a public place or public event it is generally safe to presume that you can publish your photographs.
? Your subject has the right to object to the publication of any photos they are in if, the photographs are untrue or violating the subject?s privacy.
? As a general rule, the photographer owns the copyright of all photos they take have been commissioned and paid for the photograph or if they are working for a company and its part of their job to take photos.
? As a general rule if you are taking a photo of a subject, and you intend to sell that photo it is recommended that you get the subject to sign a ?model release agreement?. A signed model release agreement means that a person is acknowledging that you have the right to use the photos you took of them on a given date.
Useful links:
http://www.digitalrights.ie/2006/05/09/photographers-rights/
Disclaimer: The information provided on this page should be regarded as a guidelines only and not as substitutions for professional legal advice. If you know of an error, or are aware of any update to these laws please let me know. For correct legal advice we recommend you contact a lawyer. |
