The UK Photographers Rights Guide v2
by Linda Macpherson
Restrictions on the Right to Take Photographs –
It is often said that there is “no law against taking a photograph, but in fact there are many legal restrictions on the right to take a photograph, so it would be more correct to say that one is free to take photographs except when the law provides otherwise.

This is intended to provide a short guide to the main legal restrictions on the right to take photographs and the right to publish photographs that have been taken. It is not an all-encompassing discussion of the law, and any photographer faced with unusual circumstances or specific difficulties should take legal advice.

Private Property – Owners of property do not normally have the right to prevent someone from taking photographs of their property from a public place such as a public highway, (though see below for issues of national security). There is also no general restriction on taking photographs while on private property, provided the photographer has permission to be on the property. However, the owner has the right to impose whatever conditions he wished on entry to his property, including a restriction on photography. Photography is prohibited by the conditions of entry to many museums and stately homes, for example, and by most concert venues.

A person who enters onto private property without permission commits a trespass as does anyone who “interferes” with the property. Interference could be something as minor as climbing on the landowner’s wall to take a photograph over the wall or resting a camera on a fence. If a person has permission to enter property on the condition that he does not take photographs, but he ignores the condition, he becomes a trespasser as soon as he takes a photo. Even where property is open to entry by the public in general, as in the case of most business premises, the owner or occupier has the right to demand that a photographer cease taking photographs and the right to demand that he leave the premises.

In England and Wales, any unauthorised entry on to privately owned land, or buildings or structures attached to land, is a trespass, regardless of whether any damage is done to the property. This is not a criminal offence in most circumstances, but the landowner can sue for damages for trespass even if no physical damage has been caused.

There is a perception that, in Scotland, there is no law of trespass. This is incorrect, but damages can only be claimed if actual damage has been caused. In all three jurisdictions, a landowner can seek an injunction (interdict in Scotland) to prevent an individual from continuing to trespass. In theory, a court could also make an order preventing the publication of photographs taken while trespassing, but the UK courts have been reluctant to do this.

Property owners have limited rights of self-help against a trespasser. An occupier can use reasonable force to prevent a trespasser who refuses to leave. A violent attack would be unreasonable, as would threatening someone with a gun or other weapon. The same rules apply to security guards, bouncers and the like; they are acting as agents of the owner or occupier of property and they too can only use reasonable force. Neither the property owner nor his employees have any right to confiscate or damage a photographer’s camera or other equipment, or to demand film or the deletion of memory cards. In practical terms, though, a photographer who is trespassing would be best advised to leave when asked; just because a landowner isn’t allowed to use violence doesn’t necessarily mean that he won’t.

Legislation has given the public certain rights to access private property. In England and Wales, the Countryside and Rights of way Act 2000 created access rights to certain areas of open country and coastline. Maps are available that show the areas where access is allowed. There are various restrictions on the use of access land and they include any activity organised or undertaken for any commercial purpose. Thus, photography would be permitted, but commercial photography would in theory, not be. In Scotland, the Land Reform (Scotland) Act 2003 provides much wider rights. There is a right of access to all land, inland waterways and foreshores for certain activities. Photography, whether for recreation or profit, comes within the permitted activities. Access rights to not extend to buildings or structures or the land immediately surrounding them; photographers will not, for example, have the right of access to the garden of a suburban house. Also excluded is land that has been developed for a particular recreational purpose, such as sports fields and gold courses.

It is a criminal offence, punishable by a fine, to trespass on some property, notably railways, aerodromes, military bases and places where explosives are manufactured and/or stored. A photographer who enters onto these kind of premises without permission is liable to be arrested.