There have been many discussions lately, both online and off, on the rights of photographers – when, where and what you can legitimately photograph, and what you can subsequently do with the photographs you take.
This pamphlet is intended to give an outline of your rights and responsibilities as a photographer, but is not intended as a comprehensive guide.
As always, if you’re looking for specific legal advice, contact your local friendly solicitor!
Photographing on Public or Private Property?
In general, you are entitled to take pictures of anything you wish, when in a public place. You may take pictures of private property, people, or anything else you fancy.
On private property, you are also generally allowed to take photographs, provided you have permission to be on the property.
However, the owner may impose conditions on your entry to the property, which may include a complete ban on photography, a ban on photography of certain things, or a ban on certain types of photography (eg, flash photography, video photography etc).
Even where permission is not explicitly needed to enter the property, the owner is entitled to demand that you cease taking photographs, or that you leave the property. If you are asked to leave a property, you should not be threatened or attacked. Reasonable force may be used to remove you if necessary, however. In general, you are better off leaving when asked – the fact that you should not be threatened, does not mean you won’t be. The owner has no 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 would have. 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.
Photographs in a Public Place
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; simply taking a photograph of them probably won’t. 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. Whether you are regarded as obstructing will depend on the situation, and you will generally be asked to move along by the police, if they view your behaviour as obstructive. If you refuse to do so, or persist in obstructing the highway, however, you may be arrested.
Legal Restrictions
What you can do with your photographs is limited by Irish law. You may be found in contempt of court if you publish a photograph of a defendant, where identity is in question, that is, where witnesses may be asked to identify the defendant. You may also be found in contempt of court if you publish a photograph that might prejudice the defendant by insinuating his guilt (for example, of him being brought to court in handcuffs), or a photograph that might reveal prior convictions (for example, of the defendant at a previous trial).
Your Subject’s Rights
Can the subject of a photo prevent you from publishing it? Most of the caselaw in Ireland has centred on the misuse of celebrity images to imply an endorsement of a commercial good or service. This is dealt with by the courts, in general under the normal rules covering passing off. So, if the subject’s image might be worth money if used in an advertisement or as part of a product endorsement, they have a right to protect the income flowing from that, as a property right.
But what about the rest of the world, who don’t make their fortunes by assuring the world that, as Hollywood millionaires, they choose only the finest home-bottle hair-dyes to colour their hair? As the actor Gordon Kaye found out, when he was photographed by an interviewer whilst recovering from a serious head injury in hospital, there’s not much anyone can do to prevent you from publishing your photos. Provided your photographs are genuine, even if they would bring the subject down in the eyes of society, they’re not libellous.
Up to now, the right to privacy has been largely determined by a mixture of Constitutional rights, and ECHR caselaw – the Minister for Justice has previously said that the private interactions of a person – even in a public place – may be covered by the right to privacy – for example, while doing the shopping, or meeting a friend for coffee. But, once the interactions become public – at an awards ceremony, or waving from the podium at the Olympic Games you lose that right to privacy. It may be hoped that the forthcoming Privacy Bill will clear up these issues, but for now, it is generally safe to presume that you can publish your photographs, unless your subject was in a situation where a reasonable person would believe that they’d brought their ‘portable sphere of privacy’ out with them.
In short, your subject can object to the publication of photos of them if: The photographs are untrue – they’ve been altered in some way, to show something that isn’t the case; The photographs are interfering with the subject’s commercial endorsement business; The photographs are tortiously violating the subject’s privacy.
The last option is still not entirely clear, but use common sense and remember the hypothetical “reasonable person”, and you shouldn’t go too far wrong.
Ownership of Photographs?
If A takes a photograph of B, who owns the copyright in that photograph? As a general rule, the photographer owns the copyright. This is true even if B has commissioned and paid for the photograph – as in the case of wedding photographs. If B wishes to enjoy the copyright, he must agree with A that the copyright will be transferred to him. B should make sure that the agreement and any transfer are in writing – or they may be ineffective under Irish law to transfer the copyright.
The main exception to this principle is where photographs are taken by an employee in the course of their employment – if X Ltd. employs Z as a photographer, then the photos taken by Z in the course of his work belong to X Ltd. and cannot be used by Z without their permission. This can trip up the unwary – for example, Z may be in difficulties if he wishes to use those photos as part of a portfolio of work.
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I bookmarked this earlier, it’s good to have this information.So thanks for such a useful piece, some of it I knew but its more than handy to all this stated so clearly.
Cheers:)
While this does cover some basics, it doesn’t cover a raft of situations where you are treading on thin ground.
Photographing minors, publishing photos of minors without consent (think GAA, community games, schools etc), publishing photos of recognizable faces/people while on private property (anybodies private property), photgraphing army equipment, specifically communications equipment in use displaying frequencies and/or sensitive informtion, photographing undercover detectives in the course of their duty etc etc.
I would always assume an if in doubt check first before publishing
Perhaps a more mundane approach would be “How would I feel if it was my face or kids face in the photo?”
John
Excellent piece, thank you. If you’re taking requests, I’ve always been interested in the /genuine/ legality of recording conversations, particularly telephone conversations. I’d imagine a lot of the commentary out there is based on old wives tales.
Thanks for posting this excellent article! I wasn’t aware “private interactions” in public are protected in the opinion of the Minister for Justice.
That could lead down a slippery slope of what defines a private interaction? I too hope that this is cleared up in the new privacy bill.
I recently commented on a US-centric article by Mike Johnston about model release forms.
I found it interesting that an artistic photographic may be sold for artful reasons, but if used for commercial usage, say, endorsing a product, then a model release form is required.
If the same is true here then I’m adding a “Purchase prints” page to my blog!
I’ve been looking for a summary like this – that’s specific to Ireland – for ages! Thanks for putting this together.
Re: Donncha – the distinction between artistic and commercial use hinges on the fact that “commercial speech” enjoys less protection under US law. (As indeed it does, in a different way, under the European Convention on Human Rights.) The position of commercial speech under Irish law is less certain.
Adam, recording telephone conversations is ok, once the parties are informed of the purpose or recording. You cannot use recordings legally or in any other way. Save for operating as an agent of the state with ministerial consent.
Section 98 of the 1983 act covers this in some detail: (5) In this section, “interception” means listening to, or recording by any means, or acquiring the substance or purport of, any telecommunications message without the agreement of the person on whose behalf that message is transmitted by the company and of the person intended by him to receive that message.
(There’s more text above this re: the offence)
Effectively, if you record and try to admit to a court your more that likely going to find yourself with two problems: 1. Breach of the subjects constitutional right to privacy, and 2. Data Protection action.
To the best of my knowledge this remains unrepealed and needs to be read with S.I. 535 of 2003, for the Brussels (Art 29) effect of the Data Protection Commission remit.
If you want full text its all on: http://www.dcmnr.gov.ie/Communications/Legislation
I know quoting a constitutional right to privacy is a wide lense to view the world from but there is case law to support this: Kennedy v. Irish Times [1987] IR 587 (HC) (Unlawful Tapping), and also Devoy v. Dublin Corporation. I believe damages were sought under Tort and capped at £20,000. CLA 1961 (?).
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Jack – section 98 has been amended. As enacted, it required the consent of both parties to the call. Since 1993 the consent of one party will suffice. (See section 13(3) of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993)
There are, as you say, other potential problems with recording and using telephone calls – notably the data protection and privacy / confidentiality issues. Some of these are discussed by René Rosenstock who has provided a comprehensive summary of the law on recording telephone calls at:
https://listserv.heanet.ie/cgi-bin/wa?A2=ind0410&L=irishlaw&D=0&O=D&T=0&P=1565
TJ
Irish law has been quite grey in a few areas when in comes to photography and publication of certain types of photos. For example the taking of a photo of a garda while on duty is not illegal however the publication of said photo is, if the member of the force is identifiable. However if the photograph is of a member of the garda whom acts unlawfully or against the public good, then the garda is no longer acting as a member of the force but as an individual and therfore the photograph may be published.
Photographs of garda stations and or sites of national security such as telecom exchanges, electrical infrastructure, army instalations may get you into trouble depending on the member of the garda (Whom are the only people whom can enforce this) under the offences against the state act. its worth mentioning here, that the reasonable “Suspicion” is enough for a member of the garda to request you at the very least to stop photographing although I would imagine the it would usually be an arrestable secnario dependiing on the interpertaion and mood of particular garda.
Furthermore, photographs that you take, may become the temporary property of the state if the are deemed to be part of the evidence of a crime. This extends to crimes where suspicion needs to be determined. Therefore in above if you are arrested on suspision, the filim may be taken from you, developed, and interpertation applied to the photographs to determine if you were in the act of commiting a crime or not.
In the situation of a riot, Garda are charged with restoring public order, if in the reasonable opinion you behaviour is anyway obstructive to a garda in a riot situation, you may be arrested. A riot consists of three or more persons btw.
The phtography of miniors is a very dangerous area for any photographer and one area I avoid like the plauge. The permission should be obtained from the legal guardian at all times, where this is not possible especially in the case of a parade, public display or sporting event, permission should be sought from the organinsers. This area is knida lacking in case law and direction. Any advice welcome.
Blasphemey is still illegal in this country, therefore pictures that are consideried so will get you into all sorts of hot stuff. This extends to artistic photos too.
Photos against public decency or that may attempt to corrupt the public good are also illegal.
Photosgraphs taken in the comission of a crime or for the purpose of planning a crime are a) Extremely stupid things to do b) property of the state should they become evidence
Jack M, thanks for your response to my post above, and sorry for not replying sooner, I didn’t see it.
Hi,
I am interested in the legalities of recording conversations. Specifically conversations in which I am a participant, most of the info. in the comments above refers specifically to telecomms my interest is in face to face converstaions. Am I obliged to inform people speaking to me that I am recording our conversation? Does this depend on circumstances:
- Whether the converstation occurs in public or on my private property.
- The type of person involved, eg talking to a private individual vs. talking to an employee of a shop vs. talking to a state official (garda, parking warden ….)
So if any has any definitive answers that would be great. Remember I am interested in conversations where I am a participant or where I could reasonably be expected to hear (eg a member of a crowd that is being addressed by a public speaker) I have no interest in eavesdropping.
Hi,
I wonder can you help me or point me in the direction of someone who can. I work for a company and we are running a youth event/festival and wish to hire a photographer to capture the event on the day. If we wish to use these photographs at a later stage in terms of promotion of the company can we or do we need parental consent? Or is it sufficient to put signs up stating this fact? I would really appreciate any help you could give me on this matter.
Regards,
Bianca
Hi,
I’m in dispute with the photographer who took our wedding pictures. They did a very good job (and were well paid for it), and we got a album and cd with all the photos which was ‘locked’ for printing. When we asked for a jpeg copy of a cd with all our photos he asked for 700 euro! He claims they are his copyright, which I also note from your pamphlet – however surely I am within my rights to ask for transfer of that copyright (at least jointly) to us, given that they are images of us, and not to be robbed in the process?? When we booked them we paid upfront, and at no time were we informed of additional costs. I have told them that I would have no problem in paying for extra professional quality prints from them, but we want to be able to print any or all of the photos ourselves for friends and family.
Where do we stand???
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Thanks for compiling this, it’s a great help!
Are there any offical documents on the web about contracts and copyright in relation to photography?
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Great website. Answers all those questions I was unsure about. Going to add this lt my favourites.
Hi
I’m trying to find a solid answer to this one.
I want to take a photograph of public and private buildings. From the above it appears I can. I want to sell these same photographs.
Do I own the copyright ? I took the pictures.
Does the owner of the (private) building have rights to prevent me from selling? Assume here there is no privacy issues, photo’s from a distance etc.
Does the owner of public buildings (OPW mainly) have any rights to prevent my selling the pictures?
I know ‘definitive ‘ answers are rare – any help appreciated.
Thanks for starting and posting the topic.
James
Hi James…
I am almost shure that you can not seel pictures of a specific privet home. Even if you own the photo copyright, you can not sell the picture without the woners privet proprety consent.
That might also depend how reconizable is the proprety!!!!
Thanks Paulo
Appreciate your comment.
I tend to disbelieve that though. Especially after reading the article.
What I am looking for is hard law tah can be accessed, to say yes or no, to try remove any doubt.
James
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In relation to taking pictures of private property in Ireland, the law is not 100% clear. When you look at the law you may find that you can freely take picture of anything while in a public place, but if you look at privacy laws there can be a conflict depending on specific points of your picture, or where the picture was taken from, and also you intentions when taking the picture. I have been trying to research this issue on a world wide based and I am finding that in most countries the law is not easy to interpret. My advice is if you are taking picture for the purpose of sale and you are unsure where you stand, ask the property owner to sign a “property release form”.
Regards
Niall
http://www.gaelicimages.ie
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Have some postcards circa 1900 to 1915 which i want to publish. Also some photos by photographers whom I cannot trace what is the legal position.
I have been reading this thread with great interest, and I wondered if the subject of a photograph has any rights with regards the sale of the piece? i.e. in the case of a picture of a person being taken, and sold in a public exhibition without the consent of the subject?
Thanks S.
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A handy article, but as if often said on Wikipedia, it’s be great if this could be updated with citations.
It’s all good and well telling someone that we have rights but it’s be nice to actually know them or refer to something other than ‘it’s wot DRI said’
eading British photographic magazines , I’ve become aware that ,in Britain , ( especially in London ) it appears the police have become totally paranoid regarding photography , even in the most public places , and anyone taking photographs , anywhere ,is quite likely to be challenged by over- zealous members of the police . So , whatever the restrictions prevailing with regard to photography in Ireland , pity the poor amateur photographer in Britain ! As I spend a good deal of time in Spain I’ve become aware that taking photographs on a beach can be a precarious occupation , as a friend of mine had a quite nasty encounter with the police , when somebody complained about him , by phone . At all times , and everywhere , one should avoid taking photos of children , except with the express permission of their parents ( or if they are one’s own children ). It seems that a large section of the public , fuelled by lurid articles on the popular press, have come to regard all camera-toting citizens as potential paedophiles. Sad , but an unfortunate feature of the times we live in !
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I have a question, in the case of a sub contracted photographer, who owns the rights to the images? The Photographer or the company who he photographed for, And to add a little bit more, There Bill has not been paid in full and are now gone into liquidation?
Are you allowed take photo’s of emergency crews working(Gardaí,Fire,Ambulance etc)? Or at a crime scene/accident scene?
Btw,excellant piece of work well done.
Cheers.
I was delighted to find this site as I took a pic of my hubby with a friend`s horse in the pic….its now on my website just as a cute pic but since the friend is no longer a friend, she is claiming I stole the pic since her horse is in the photo. So relieved to find the photo acutally is mine and I have done nothing wrong. thanks.
I contacted the Data Protection Commissioner about the use of images taken on the street. They basically informed me that any such images where someone can be identified must comply with the Data Protection Act. Therefore, use of such images (like posting on Pix.ie or FlickR) would be in breach of that act.
Maybe this needs to be looked at further.
i want to photograph some replicas of greek statues. Sokrates, Athena, Solon etc) but there is no copyright info on the statues. am i running into trouble when i exhibit them?.
raphael
Hi, I am wondering where the law stands on use pf photos on a web page, as i understand it, once you receive the permission from both the photographer and the perons in the photograph, you can use it on your web page to publicly advertise something…is this correct or are there any other imaging rights that will need to be addressed prior to uploading the photo.
Hi there can anyone tell me the rights on selling my photographs what i can and cant ?
i have a an art gallery who wants to put some of my pictures up for sale .
Is there a length pf time of how long the owner holds copyright on the imagery. I am working on a History Podcasting project where I wish to use old imagery I have come across and I have no way of contacting the photographer, due to ignorance or death. What way does copyright work with this situation or with period of time before they become public domain. If this happens at all, perhaps someone might know.
Hi. I’m a minor and there are photos of me and my classmates published on the internet, that we didn’t give consent to be taken, let alone published. Does anyone know what I can do about this?
i too would be interested in the previous question being answered. i found a photograph of me in a national newspaper, and i am only 15??? surely permission should have been sought from me, somewhere along the way at least.
John – In so far as I understand the current laws, you have no right to restrict the publication of photos containing your image within Ireland (or depending on the location of the website in question, in many other countries) whether you gave consent for the photo to be taken or not. This does not apply on private property where there is a specific ban on taking photographs.
hey I was wondering if i cud ask your advice on a topic , you also may like my story.
I explore abandoned sites and junkyards , and last year i found a bombproof metal case of over 200 photos of this persons life…in an open yard of a crumbling down house
basically i deduced the photos down to this one reappearing guy and picked him as the owner, a few months later i went up to the site while the council were clearing the whole place out , they told me the guys names and g so i found out some cool facts about him..being an underwater hockey champion etc ….. thing is i want to used these photos in my fine art degree show …ive tried contacting the guy every way i can …but cant !!….and im thinking of resorting to covering up his eyes in the display so i dont get in trouble with my tutors or the law ………..this may be seen as unethical …can you please give me some advice on my problem ,,, ive searched the internet but cant find any information , especially for this part of the world.
I would appreciate a response
Thankx
E.
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I’m an artist doing a photography project on surveillance. Basically taking photos of random people from a height. A magazine is considering publishing them but want to know the legality of this…using photos of people without their permission. Any idea where I might find this out or do you know? There was a case of this in the states http://en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia that was thrown out of court as the photos were for art purposes so it was aok. They were published and sold.
Any ideas here as I’d like to reasssure them that they can’t be sued.
Cheers!
Was out in a restaurant one evening and saw a photo of me heading out into the surf. Its a beautiful photo with an impending doom storm cloud coming in from the sea. I am clearly identified as other surfers from the area who have eaten there have all said it to me…i would like a copy of the picture but when i went back to restaurant a couple of mths later and enwuired the owner said he would sell it to me for 150euro as he bought it from the photographer with the understanding that no one else would get a copy i explained that i was the guy in the photo he didnt care and said i either buy it or dont get the photo… I have the photographers name who actually works above thd restaurant i am just wondering what are my rights am i entitled to a copy of the photo and should i get onto the photographer??
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While in Ireland, I came upon a very serious vehicle accident on a major, rural highway. Identifying myself as a U.S. fire department photographer, I was granted permission to stop at the side of the blocked-off road by the on scene fire officer, and photograph fire apparatus. When I started to photograph the destroyed Jetta, a Garda stopped me and said it was illegal to photograph an accident (the single victim had already been removed to the hospital). Was this ad hoc rule making and enforcement, or is there some new rule that bars such photographs?
I did a shoot for a photographer a few years ago. The deal was I got copies of the photos and she used the photos for here portfolio.
I found out a few months ago that I am now being used to advertise wedding cars and I am plastered all over flyers. I did not get paid for the shoot or did I sign a realease form.
Can she give the pictures to a third party
An American company is selling pictures of my grandparents grave in Kilmalkedar. Do they have a right to do this without our permission? I spoke with the Department of the Environment, Heritage and Local Government and they said the matter is out of their control and to deal with the photographer/company. What recourse do we have? Thank you.
Can someone take a photograph of my house from a public road and submit them to a government department i.e. planning department to be held in a file which can be viewed by members of the public.
My children were attending a Gaa summercamp recently,I wanted to take a phot of the group with the coaches but the Club chairman would not allow me.My children were there,was he legally entitled to stop me,whar are my rights/There was a press photographer there and he seemd to have no problem!
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Hi
I’ve taken pictures at art events, activities and artwork and these photos are being used in a book that is to be published soon. its a small community project but I took the photos for the artist and on their respective pages they have Image: their name. Shouldn’t there be a credit page at the back where im credited for any images I took e.g page 2,4.5 etc credit my name
Its their artwork in the photo but they did not take the photo
Whats my rights here?
thanks
Long story short,
My portrait was taken by a photographer,
A woman wanted rights to them, Myself and the photographer refused…she went ahead and used my photo anyway
for a painting that is a direct copy of the photo and is now selling copies for 1000 euros…Do I have a legal leg to stand on???
Imagine if your face was not take as a photograph. Whould the the painting have been made. Maybe the paining would have been made, but not with teh striking looks that you have that have been repeated in teh painting. The striking looks that you have the one that contribute to the quality of the painting. You are a perculia person. It this perculiarity that has made the painting of teh standard that makes the work worth 1000 euros. It is his labour that produce it but not out his own genius. The work is anchored in your appearance. Since it is anchored in your appearance, the painter has to honor ou by paying at least a quarter or a third of the value of the work. A part of you has been take from you.
I have video footage of people protesting outside a person’s home. The homeowner took the footage. I want to use it in a film. Where do I stand legally?
I would like to use one of our wedding photos from 1973 for an anniversary invitation. Sadly the photographer is now dead. In those days, I’m not even sure if f there was a written contract,. As far as I can remember, it was an oral agreement, but of course he retained the negatives. Now, almost forty years later can I go and get copies made of the photo ?
This article is helpful but do you have the reference to the Irish Articles of the Constitution or an Official statement signed by Government or Garda Siochana?
As far as concern this is just common sense rules unless you maybe provide a reference to the actual Irish Law?
Thanks
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