Photographer's Rights..

A topic that comes up virtually every time a group of photogs get together is "are we free to photograph buildings, subway and train platforms or other public places without fear of legal issues?"....

It has been my understanding that photography in and of such public places is indeed legal, though I couldn't prove it...until now.  A New York City Police Department Operations Order from April of 2009, titled "Investigation of Individuals Engaged in Suspicious Photography" clearly states that not only is it common to engage in photography within New York City, but that "Given the Cities prominence as a tourist destination, practically all such photography will have no connection to terrorism or unlawful conduct."

That just about covers the legality, but it doesn't help when you are confronted with a police officer who hasn't boned up on his/her Operations Orders, or is just set on making life miserable and demands that you either show your images as proof (of what, I am not sure) or worse, delete your images from the camera, or surrender the film.  The brief goes on to say that a police officer "may not demand to view photographs" without major cause.

I now carry a copy of this document in pdf format in my iPhone just in case I need to support my actions...that said, while I have never been stopped while photographing in and New York City, I were confronted while shooting, I would just take the path of least resistance and show the officer the images..and reserve challenging the officer with the Operations Order for the most extreme of situations...  YMMV.

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