December 2014 - Parks & Recreation - 60

Operations

Snap Happy
A picture may say a thousand words, but legal restrictions on photography may curtail
your inclination to shoot. Here's what you need to know.
By Becki Cramer

P

romotion of our parks and recreational activities is vital for public
awareness, and a good picture can be a wonderful promotion tool, but
what are the legalities regarding using photos taken in our parks without
signed releases? Although the laws of the 50 states vary, all states recognize that
individuals have a right to be left alone in their daily lives and that harm (in the
form of embarrassment, scorn or loss of status) can result if that right is violated. However, our right of privacy is not absolute. In particular, according to
the American Society of  Media Photographers (ASMP), the courts have long
held that news reporting and social, political and economic commentary - the
things the First Amendment was designed to protect - are more valuable to
society than an individual's right to be let alone. Therefore, images that are part
of the public colloquy about events have usually been exempt from privacy lawsuits. In contrast, the courts have generally held that making money is distinctly
less valuable to society than the right to be left alone.

 That doesn't mean anyone with
a camera has free rein to take photos
anywhere. Your First Amendment
rights stop when it comes to locations where people have a  " reasonable
expectation of privacy, " such as public
bathrooms and hospitals. In addition,

58	 Parks & Recreation

you may not take photographs of people in their home through their windows even if you are photographing
from a public place such as a road.
 The determining factor for when
you need a release is based on how the
photograph is used. Without a release,

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the photos taken can only be used for
" editorial " purposes. That doesn't
mean the photo can only be in a newspaper or magazine; photographers
can and do use those images in books
and galleries. It does, however, mean
that images cannot be used for commercial purposes. Using a photo of a
cute kid for an advertisement requires
a release. Using the same photo in a
newsletter does not. ASMP states,
" Thus, privacy issues typically arise
when an image is used for purposes of
trade or advertising. " That means it's
not the picture, but how it is used that
determines the need for a release. For
instance, an image that is printed in
a newspaper, shown in an exhibition
or reproduced in a book might well
be immune from a privacy suit. But
the commercial sale of coffee mugs
or t-shirts with the same image would
probably not enjoy such protection.
An advertisement almost certainly
would be considered " commercial
usage. " The American Civil Liberties
Union puts it this way: " When in public spaces where you are lawfully present, you have the right to photograph
anything that is in plain view. When
you are on private property, the property owner may set rules about the
taking of photographs. "  
 One important consideration is if
the individual is playing in an amateur
league in a park. Amateur leagues often rent public parks for events. Some
jurisdictions consider the property
private for the event's duration. If that
is the case, the league has the right to
ban photography during the game.
December 2014 - Parks & Recreation

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