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The answer is both yes and no.

Photography is a pastime that enjoys protection under various laws that apply to freedom of speech. In the Universal Declaration of Human Rights, it is governed by Article 19. It is most famously a part of the United States Bill of Rights Article I, which states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. "

News agencies and journalists, in general, seek relief from governmental suppression of information by citing freedom of speech statutes in each country that recognize this to be a fundamental human right. This means that the free exchange of words, pictures, videos, music, and other methods of communication are protected.

But there are limitations. Governments have the right to develop laws that prescribe certain injunctions, or restrictions, against the use of photographs in certain situations. The right to free speech, for instance, does not apply to the taking of and/or promotion of child pornography, which is a felony or capital offense in most countries. In a broad sense, any photography that is contrary to local and international laws is prohibited.

The same items covered under a freedom of speech statute are also regulated by Copyright laws and conventions. This means that some works are considered to be owned by one or more people who have the sole right to exploit those works for profit on their own or someone else's behalf. One could take a photograph of a performance at a play, but if the play is considered a Copyright creative work, any commercial use of the photograph without authorization is a violation of the Copyright law.

So while one can take photographs of anyone or anything because they own a camera, it is not always prudent or lawful to do so.

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βˆ™ 15y ago
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βˆ™ 15y ago

This depends entirely on your location or the place the image is taken. In general all rights to a photo belong to the photographer.

Some locations do not allow the use of and image for commercial purposes without model releases. As art or news releases are not generally required.

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βˆ™ 13y ago

The answer is both yes and no.

Photography is a pastime that enjoys protection under various laws that apply to freedom of speech. In the Universal Declaration of Human Rights, it is governed by Article 19. It is most famously a part of the United States Bill of Rights Article I, which states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. "

News agencies and journalists, in general, seek relief from governmental suppression of information by citing freedom of speech statutes in each country that recognize this to be a fundamental human right. This means that the free exchange of words, pictures, videos, music, and other methods of communication are protected.

But there are limitations. Governments have the right to develop laws that prescribe certain injunctions, or restrictions, against the use of photographs in certain situations. The right to free speech, for instance, does not apply to the taking of and/or promotion of child pornography, which is a felony or capital offense in most countries. In a broad sense, any photography that is contrary to local and international laws is prohibited.

The same items covered under a freedom of speech statute are also regulated by Copyright laws and conventions. This means that some works are considered to be owned by one or more people who have the sole right to exploit those works for profit on their own or someone else's behalf. One could take a photograph of a performance at a play, but if the play is considered a Copyright creative work, any commercial use of the photograph without authorization is a violation of the Copyright law.

So while one can take photographs of anyone or anything because they own a camera, it is not always prudent or lawful to do so.

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Q: Does someone photographed in public have certain rights to the photograph?
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