Shooting in public places - the law. Photo and video recording in public areas

Lovers to take pictures and make movies sometimes fall into a bad situation - they are denied the right to film in public places (Mall, store, metro, etc.) can Sometimes be observed trying to take away equipment or confiscate the card.

Law video - what do you mean?

Let us look at this issue. Is there some law about filming? Regulatory documents relevant to the photographing and filming several. The most important of them - the Constitution. We are talking about the part that allows every citizen of our country to seek information freely, and to send, receive, produce and distribute it in any legal manner. This right is guaranteed to us by the 29th article of our Basic law.

In Addition, there is a Federal law enacted in 2006 (27.07) No. 149-FZ. It's called "On information, information technologies and protection of information". And completes the three most important documents to all known Law on the protection of consumer rights.

According to the Constitution, is allowed to take photos and video of almost all objects, except those to which access is restricted by Federal law. The main restrictions on photography in public places the law does not impose on the process of shooting, and for commercial use and to publish its results.

When not allowed to shoot with flash and tripod

According to the constitutional rights, the citizen has the right to collect information in any way that it is convenient. So whatever the purpose of photography, the flash and tripod have every right to exist in the absence of interference and threats to the safety of others. The only exception might be imposed by museums ban on the private halls in connection with necessity of protection of individual exhibits.

Recommended

Calculation and payment of sick leave

Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...

Employee certification for compliance with the post: purpose, procedure, result

Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...

Registration of vehicle: procedure, sample application, certificate

Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...

Those who tries to ban photos and filming, sometimes guided by the laws of the Soviet era, has long become invalid. It should be understood that this field in our days is governed by new laws of Russian origin. However, any rule is not without exceptions.

What the law says about photography in public places of people?

Article 152 (1) of the civil code reglamentary protect the image of the citizen. But restrictions imposed by it are not taking pictures of people as such, and use the resulting images in the future. Following this law, you will not be able to publish the image of a person without his written consent.

But here has not done without exceptions. So, you do not need consent to publish those taken in state, public or public interest (e.g., news story).

There is an opinion that to remove the person without its consent means to violate his legitimate right to inviolability of private life. But as it is about shooting in public places, privacy is not necessary to speak. Although this concept is very relative, to attract the photographer according to the law in this case is not possible. When protecting their rights is necessary to understand what is public space and what actions to put.

Can you photograph in a public facility?

A Ban on filming public places often means stores, offices or restaurants. Is it possible to remove the display of goods, pictures of price tags or other similar information? Often, the owners forbid it, declaring this information a trade secret, but such statements do not stand up to scrutiny.

Displayed on the price tag the cost of goods does not apply to trade secrets. It definitely belongs to the publicly available information. Moreover, to hide such data means to break the law protects the rights of consumers.

What about the filming of the food service establishments? The owners of cafes and restaurants often believe that such public space may exist in particular, they established rules that visitors must obey. But they are right only to the extent that these rules do not contradict the laws of the Russian Federation. Restriction and ban on photography violates the above mentioned Law No. 149 and is in direct contradiction with the Constitution.

Legitimate such a ban can only be in the case where the photographer interferes with other visitors or threatens their safety.

If taking pictures in the store, bar, cafe or office is prohibited by their owners, there is a substitution of concepts of information gathering and use of property. According to all the same referred to the freedom of information Act, photographs can not refer to acts that infringe anyone's proprietary rights.

Is it Possible to take pictures of logos, signs and trademarks?

Sometimes the store owners don't allow photography of the facade of the building, citing violation of trademark rights. But photography logo in no way relates to the use of the trademark. This is addressed by article 1484 of the civil code, explaining what is meant by the concept of the use of such sign.

We are Talking about the identification of the goods, services or works in advertising or on product packaging. To photography it all has not the slightest relationship and in no wayinfringes on the rights of the owner.

Is it Possible to photograph the pages of library books?

In article 1273 of the Civil code allows us to photograph the pages of books in libraries own a camera. Under the copyright infringement gets only a copy of the book or music piece and the subsequent printing and commercial use.

Very often in libraries readers such copies do forbid it, forcing to resort to copiers libraries. Also in this case we are talking about the violation of the Law on protection of consumer rights. This action refers to the number of imposed services.

About photography strategic sites

Tele-, cinema-, photo - and videography is prohibited in public facilities belonging to JSC "Russian Railways". At the same time in the rules governing the provision of services for cargo and passenger transportations on a railway transportation of a personal nature (not related to commercial activities), such prohibitions are not available.

Therefore, the disposal of the Railways is not so categorical. In addition, it says nothing about the prohibition of filming for private purposes or in public places, which include stations, stops, stations, etc Thus, we can assume that the law of photography in public places of this kind are not prohibited. The limitation in this case applies only to commercial photography or produced for movies, news, etc.

Conclusion: if the photographer is shooting for personal reasons and no it does not interfere, including in does not violate the security of the movement, its actions are legitimate.

Is it Possible to take photographs from the aircraft?

The Prohibition in this field applies only to remote sensing. This term involves most often the photography from the satellite with the help of special equipment which is not relevant to consider the article topic. Restrictions on Amateur photography from the aircraft does not exist.

Note that during landing and takeoff in the plane you cannot use any electronic devices. But further restrictions on photography during the trip entered on the personal initiative of individual airlines, sensitive to violations of our consumer rights.

Is it Possible to shoot in the subway? Metro is not related to strategic state objects, and in fact no different from other public places where photography is forbidden in any way can not be.

What objects are state secrets?

To Remove the above mentioned objects is prohibited by law. But here we should clarify. That falls under the category relevant to the subject matter of state secret objects? The subject of the ban must undergo so-called procedure of classification, described by the law "On state secrets". The same normative act and is regulated by the list of the information related to state secrets.

The secrecy is applied to the object according to the results of a special expert assessment. If such a stamp is not available, unhindered photography of the object, nothing should not interfere.

Can be rented for important events near the monuments?

In particular, it is possible to remove from the Kremlin to red square. As the previous question refers to the number of those associated with the concept of state secrets. Direct instruction on prohibition of shooting on the red square does not exist. As for the Kremlin, the rules by which it is possible to remove, imposed earlier limits on the size of the cameras, but at the moment such measures are revoked.

Now permit photography should be reserved in only two cases - in the conduct of security activities and preparedness or when a photographer shoots for replicated products. Obtained permission by filing an application in the FSS and the consideration of its during the three-day period.

Filming at the polling station

Neither the media nor ordinary citizens are not restricted in rights in this matter. Direct permission to take photographs is contained in law No. 67-FZ, released in 2002 on fundamental guarantees of electoral rights of citizens of the Russian Federation. Thus, with the possible disputes on this subject you can refer to the absence in the act of any restrictions.

Can I withdraw in a Museum?

Often there can be seen the sign "photography is prohibited". Many museums for the opportunity to photography require a fee, while there are no normative state acts on such action. What actually can and cannot do in the Museum?

In our country in 1996, published the law No. 54-FZ. This Federal law applies to the Museum Fund of the Russian Federation. According to him, the Museum can be a ban on commercial use of photographs of its exhibits and related memorabilia. This applies to any object or exhibit regardless of whether it is protected by copyright or not. Exactly the same as in the previous cases, the ban applies only to commercial use of images obtained at the Museum. Again, the law of photography in public placeswhich include museums, it is forbidden in any way can not be.

To Restrict access to the exhibits, the Museum can only be in the case of unsatisfactory condition or finding under restoration or in storage. The introduction of fees for the ability to take photos is illegal from a legal point of view. How appropriate to conduct the dispute in each specific case is up to the photographer themselves.

Is it Possible to remove the traffic police and the interior Ministry in the performance?

The presidential decree number 2334 installed the so-called principle of information transparency for all public authorities. In practice, this means that the right of every citizen - monitoring the activities of government agencies, possible also in writing and through technical means.

According to the MIA order number 185, published in March 2009 and on the administrative regulation of internal Affairs in the field of road safety, citizens allowed to record any conversations with representatives of the traffic police and the recent ban on such action is a violation of the law.

So where all the same it is forbidden to remove?

Are There such places where shooting is unambiguously prohibited or requires special permission? This procedure is prohibited in courthouses, and correctional institutions. A ban enshrined in the articles of procedure codes that are similar in importance to Federal legislation.

To Remove the trial only with the permission of the presiding judge. In the case of administrative offences, permission to film can give another officer that is relevant to the case.

Photographs of the convicts who are in prison, can only be obtained with their written consent. The object guard is allowed to withdraw, having received a written permission from the sentence body.

In the office and other premises detectives to conduct video and photography is impossible without the written consent of the persons in both private and official.

It is Impossible to take pictures in closed session, the State Duma, and also to bring back any shooting technique. Under the prohibition of photographing military installations and ships aboard foreign vessels. It is impossible to remove on objects of the Federal customs service. The contribution of technology in building construction Committee is allowed only with written permission.

The Ban applies to the territory of the Ministry of fuel and energy. It is impossible to photograph outfits and objects at a distance of within 5 kilometers along the state border, without the written permission of the FSB. The ban on carrying of equipment and maintenance of shooting also applies to site supervision in the absence of authorization.