以下是自己進一步學習有關肖像權和攝影師權利時找到的資料。感覺講解非常詳細,並告訴你如何保護自己。略加整理後轉貼到這裏,跟攝友們分享 (下麵有UK, Australia and Portugal 等國的links)。原文有更豐富的內容和下載鏈接。
The Photographer’s Right (USA)
(一)
http://erickimphotography.com/blog/2011/03/5-reasons-why-you-shouldnt-ask-for-permission-when-shooting-street-photography/
1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it. e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it. e.g. malls, retail stores, restaurants, banks, and office building lobbies.
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy. e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
5. Despite common misconceptions, the following subjects are almost always permissible:
* accidents, fire scenes, criminal activities
* children, celebrities, law enforcement officers
* bridges, infrastructure, transportation facilities
* residential, commercial, and industrial buildings
6. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
7. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
8. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
9. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
10. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made. These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.
(二)
http://www.krages.com/phoright.htm
The Photographer’s Right
A Downloadable Flyer Explaining Your Rights When Stopped or Confronted for Photography
The Photographer’s Right is a downloadable guide that is loosely based on the Bust Card and the Know Your Rights pamphlet that used to be available on the ACLU website. It may be downloaded and printed out using Adobe Acrobat Reader. You may make copies and carry them in your wallet, pocket, or camera bag to give you quick access to your rights and obligations concerning confrontations over photography. You may distribute the guide to others, provided that such distribution is not done for commercial gain and credit is given to the author.
A Stand for Photographer’s Rights
The right to take photographs in the United States is being challenged more than ever. People are being stopped, harassed, and even intimidated into handing over their personal property simply because they were taking photographs of subjects that made other people uncomfortable. Recent examples have included photographing industrial plants, bridges, buildings, trains, and bus stations. For the most part, attempts to restrict photography are based on misguided fears about the supposed dangers that unrestricted photography presents to society.
Ironically, unrestricted photography by private citizens has played an integral role in protecting the freedom, security, and well-being of all Americans. Photography in the United States has an established history of contributing to improvements in civil rights, curbing abusive child labor practices, and providing important information to crime investigators. Photography has not contributed to a decline in public safety or economic vitality in the United States. When people think back on the acts of domestic terrorism that have occurred over the last twenty years, none have depended on or even involved photography. Restrictions on photography would not have prevented any of these acts. Furthermore, the increase in people carrying small digital and cell phone cameras has resulted in the prevention of crimes and the apprehension of criminals.
As the flyer states, there are not very many legal restrictions on what can be photographed when in public view. Most attempts at restricting photography are done by lower-level security and law enforcement officials acting way beyond their authority. Note that neither the Patriot Act nor the Homeland Security Act have any provisions that restrict photography. Similarly, some businesses have a history of abusing the rights of photographers under the guise of protecting their trade secrets. These claims are almost always meritless because entities are required to keep trade secrets from public view if they want to protect them.
Photography Law in Other Countries
UK Photographers Rights
NSW Australia Street Photography Legal Issues
Photographer Rights in Portugal
Restrictions (USA)
(一) http://www.usatoday.com/tech/columnist/andrewkantor/2006-08-11-photography-rights_x.htm
1.You can't show private facts — things a reasonable person wouldn't want made public — unless those facts were revealed publicly. So no long-lens shots of your neighbors' odd habits.
2.You also can't show someone in a negative false light by, for example, using Photoshop tricks or a nasty, untrue caption.
3.And you can't put someone else's likeness to commercial use without their permission. This is usually mentioned in terms of celebrities, but it applies to making money from anyone's likeness.
For example, if you shoot individual kids playing in a school football game, you can't try to sell those shots to the parents; the kids have a right to the use of their likeness. You can sell photos of the game in general, though, and any shots where what's happening ("A player celebrates a goal") is more important than who's doing it ("Star running back John Doe takes a momentary rest").
Sound like a gray area? It is if you're planning to sell the pictures, but not if you're simply displaying them. And if you're using them for news purposes, all bets are off — you can pretty much publish whatever you want if it happens in public view.
The other gray area is copyrighted material. Even if it's in public, you can't sell pictures of copyrighted work — a piece of art, for example. But if the art is part of a scene you can probably get away with it.
All this in mind, it's almost always a good idea to get permission where you can and to be polite and friendly with anyone you deal with. Like good urban legends, people are absolutely sure they know the law about photography, and they're absolutely wrong.
(二) 延伸閱讀
http://photo.net/learn/street/intro