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by Aggie Villanueva

see also Aggie’s article, Free the Hostage Photos of Flight 1549

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Amtrak vs. Duane – 02/02/09 from swatspyder on Vimeo.
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Hilarious Video

But seriously folks, this really happened!

Amtrak Photo Contestant Arrested by Amtrak Police in NYC’s Penn Station
by Carlos Miller

Armed with his Canon 5D and his new Lensbaby lens, photographer Duane Kerzic set out to win Amtrak’s annual photo contest this week, hoping to win $1,000 in travel vouchers and have his photo published in Amtrak’s annual calendar. He ended up getting arrested by Amtrak police; handcuffed to a wall in a holding cell inside New York City’s Penn Station, accused of criminal trespass…more

And it looks like we’re going to have to take this seriously

Mass Arrest (of photographers) “The media (to include corporate and indy) got so hung up on the action that was happening in one area most didn’t notice that they were being surrounded by a ring of cops. Everyone in this ring was arrested. You’ve got to get the shot but always be aware of when you’re being ringed in and be sure you don’t get caught in the ring. Sometimes a press badge won’t get you free. (I accidently had my DiMAGE 7 on iso 800).” Tom J. (Seattle)

Since 9/11 this issue has become increasingly alarming, what with all the harassment, violence, destruction of photographer’s property and even arrests. The Security Guards who are hired to enforce these illegal restrictions for their bosses should be required to take classes in the law pertaining to photography rights. They need to be taught that just because their boss says “No one can take photos of my building/car/shop/hat etc. ad nauseum, that doesn’t mean they can force anyone not to.

But security guards are not the only perpetrators of this injustice. Our servants in blue often lend an illegal hand, i.e. the bombing (see below) of a Florida student’s vehicle in 2003 by the police, arrests that are later overturned by the courts, and so much more I can’t even touch on it all here.

“This is a videographer after being hit just below her left eye with a club. Right after this shot people got in between the two to keep the confrontation from escalating. The cop knows that he just screwed up.” Tom J. (Seattle)

Photography is attacked as a crime, yet the truth is that photography, including video photography, has helped solve untold crimes and catch the guilty in the process, as in the two cases below, perpetrated also by our men in blue.

Seattle area deputy caught on video viciously attacking teenage girl
reported by Carlos Miller, a journalist himself facing prosecution for using his camera.

A Seattle area deputy with a history of officer-involved shootings and a DUI on his record viciously attacked a 15-year-old girl in a holding cell; kicking her, punching her and jerking her by the hair to the floor before planting his knee on her back and punching her a few more times…more

Cops Caught Stealing Protestors’ Cameras
by Steve Watson
InfoWars.net

In the latest attack on the first amendment, a shocking video has emerged of the NYPD attacking a protestor and stealing his camera and footage at a demonstration demanding justice for an independent video journalist who was shot and killed earlier this year…more

The last image found in Matt Rourke’s camera before he was hauled off. AP/Matt Rourk. Full story see http://www.minnpost.com/stories/2008/09/03/3320/ap_photographers_last_pre-arrest_shot_is_a_stunner

The Problem

Following are only a very few news stories of these violations submitted here to give you an idea of the enormity of our problem.

Miami Photographer’s Rights ‘Blown Up’ by Police
American Civil Liberties Union of Florida

MIAMI - The American Civil Liberties Union of Florida’s Greater Miami Chapter filed a lawsuit in federal court today on behalf of Emily Vogel, a Miami photographer whose car and belongings were unlawfully searched, damaged and destroyed by police officers during the Free Trade Area of the Americas summit held in Miami in November 2003…more

Court Clears Chicago Photojournalist
Discarted

For those of you who followed the story here back in October and November, you’ll remember that Mike Anzaldi is the freelance photojournalist who was unjustly (some would say ridiculously) arrested twice in Chicago for trying to shoot footage at crime scenes. The conclusion to the story is that a judge finally ruled in his favor, but the path to that point was predictably convoluted and drawn out….more

Bus photographer is condemned by public and harassed by police
ePhotoZine

A bus spotter whose lifelong hobby was to take photographs of buses has been forced to give up his favourite pastime after being labeled as a terrorist and a pedophile by the public…more

Photographer Harassed By MTA Employee For Taking Pictures at Grand Central
by Chris (Admin)
The StationStop

One of the unfortunate and completely unnecessary side effects of 9/11 is that a *lot* of photographers get hassled by security workers, doormen, and – almost especially – MTA personnel…more

My name is Carlos Miller and I am a Miami multimedia journalist with more than ten years of professional experience who was arrested by Miami police after photographing them against their wishes…click photo for more.

Clueless Security Guards and Police Harass Photographers. What Rights Do We Have?
by Charlie Sorrel

So what do we take from this? That public (and official) ignorance are dangerous things and that if we, as photographers and citizens, don’t kick up a fuss then we will lose rights, even if those rights are still enshrined in law. Remember that social pressure is a much greater force than the law: Legislation isn’t what stopped drunk driving and made seatbelt wearing a success. It was peer pressure….more

Man Arrested For Unlawful Photography
TriCities.com
by Darius Radzius Reporter / WJHL

Nearly everyone carries a cell phone and it’s hard to find one without that camera feature.  It’s convenient when you want to take that impromptu photo, but a Tri-Cities area man ended up behind bars after snapping a shot of a Johnson County sheriff’s deputy during traffic stop…more

Don’t Despair: Be Part of the Solution

Photographers and writers everywhere are probing this topic. The first rule of solution – education. There are similar horror stories across the web, but don’t despair. There are nearly as many ligit authorities offering the truth in this tenacious tango, and offerings us solutions. For starters you could join/start discussions at your favorite local sites.

Information Every Photographer Needs

Misinformation about your photography rights continues to spread
by Andrew Kantor
USA Today

Keeping it simple. The law in the United States of America is pretty simple. You are allowed to photograph anything with the following exceptions:

• Certain military installations or operations.
• People who have a reasonable expectation of privacy. That is, people who are some place that’s not easily visible to the general public, e.g., if you shoot through someone’s window with a telephoto lens…more

Kantor further asserts, “You can also shoot in subways and at airports. Check your local laws about the subway, but in New York, Washington, and San Francisco it’s perfectly legal. Airport security is regulated by the Transportation Security Administration, and it’s quite clear: Photography is A-OK at any commercial airport in the U.S. as long as you’re in an area open to the public. Don’t let anyone tell you otherwise.”

Although there a few more restriction on what you can publish and how you publish it, according to Andrew Kantor, you can photograph anything that you can see in a public place. See Kantor’s pdf file: Legal Rights of Photographers

You can also print out The Photographer’s Rights, a pdf file written by Bert. P. Krages. And, as Kantor advises, “Print ‘em and carry ‘em”

Legal Handbook for Photographers: The Rights and Liabilities of Making Images (Paperback)
by Bert P. Krages II, Attorney at Law

New York City’s MTAs Rules of Conduct

Railroad.net offered this excerpt of the NY City TAs Rules of Conduct Regarding Photography as a courtesy:

Rules of Conduct
Rules governing the conduct and safety of the public in the use of the facilities of the New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority

NYCRR Title 21.Chapter XXI – METROPOLITAN TRANSPORTATION AUTHORITY SUBCHAPTER D – RULES AND REGULATIONS GOVERNING THE CONDUCT AND SAFETY OF THE PUBLIC – Part 1050.?Rules Governing the Conduct and Safety of the Public in the Use of the Facilities of New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority

Section 1050.9
Restricted areas and activities.

3. Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provision of these Rules.

My answer to this was to join the International Press Association and carry my press card at all times.

Involve yourself in sites like Freedom to Photograph: Photography is not a Crime.

In the UK check out the audio file Photographers’ Rights and the UK Counter-Terrorism Act 2008
By Antonio Marques Feb
PhotoNetCast

UK Photographer’s Rights

PhotoRights.org. PhotoRights.org exists to document and record the actions of those who through lack of comprehension, bone-headed officiousness, vested interest or malice, wish to contain and control photography. We invite participation from all UK amateur and professional photographers and anyone else who values photographic liberty…more

NSW Australia Street Photography Legal Issues

This picture almost landed a 12-year-old girl in jail. See, Tennessee Deputy threatened to arrest 12-year-old girl for “unlawful photography”

I sincerely wish happy photographing to every one of us in spite of an increasingly Big Brother backdrop. But just in case here’s a few tips on what to do if you encounter the police.

Photographers: Dealing with UK Police http://www.sevensevennine.com/?p=59

Can I be arrested for videotaping or photographing police?

Videotaping or photographing police in public places is usually legal, so long as you don’t interfere with their activities. Nonetheless, doing so will often get you arrested.

Police don’t like to be watched or documented in any way, so they’ll sometimes bend the rules to stop you. We’ve heard many stories about people who got arrested for taping police, and the charges are usually dropped. If you’re taping or photographing police, make sure you don’t interfere, because “obstruction” is the most likely charge, and you’ll want to be able to defend against it.

Despite the risk of arrest, we don’t discourage the taping and photographing of police. Video evidence is uniquely effective in exposing police misconduct. If you acquire video or photographic evidence that warrants an official investigation, create and secure copies of the evidence, then forward it to local police monitoring groups such as civilian review boards, ACLU, and NAACP chapters. You should also obtain legal representation for yourself in case the police department retaliates against you.

And finally, if you ever have a photographic run-in with the police, Mr. James Duane, a professor at Regent Law School and a former defense attorney, tells you why you should never agree to be interviewed by the police, nor even answer one question.

This video class pertains to the law in general, but is so rich in practical advice that extends to photography-related incidents, that I include it with high recommendations. Part Two is also excellent with Officer George Bruch of the Virginia Beach Police Department addressing each of Attorney James Duane’s points, and in full agreement with his advice.

Don’t Talk to Cops Part One

Don’t Talk to Cops Part Two: The Other Side of the Story

As a final report, I’d like to introduce Tom Jenner, who has shared his photos with the world, his balanced, non-alarmist advice accompanying each. I’ll let Tom explain for himself. You can follow Tom’s presentation here.

Hi! My name is Tom Jenner and I’m from Seattle, Washington, USA. I got into activism photography after I was arrested in the 1999 Seattle WTO riots. I’ve noticed that what happens in the streets and what’s reported in the mainstream media is often quite different. A lot of my work ends up going to National Lawyers Guild members and to private civil rights lawyers. This is just a few shots out of many thousands. This presentation shall be subject to continuous editing to include taking some pictures down and putting others ones up.

AP Press Being Arrested. “Think that press badge will keep you from being arrested? This is an AP photographer being hauled away. A mass arrest took place and all the media within a certain area were also put under arrest. I always stay outside of police lines that start forming if I get the feeling that a mass arrest will take place.” Tom J. (Seattle)

“Watch out for snatch squads! This guy was dragged over the railing in the foreground. It’s rare for a snatch squad go after a photographer (in my experience, it’s the lone cop that goes for the camera but even that is rare.) Being middle aged and dressing conservative will help from being harassed.” Tom J (Seattle)

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“You have the right in America to take a picture of anything you want from a public place (except some defence installations and reasonable expectation of privacy). This is the Secret Service(?) checking me out as I was taking pictures of a communications van. The agent got within ten feet, I nodded to him and then he left me alone. Know your rights as a photographer!” Tom J. (Seattle)

see also Aggie’s article, Free the Hostage Photos of Flight 1549