Blogalicious: a philippine photo odyssey

Have you been out lately with your camera?

Has anyone ever stopped you from taking photos of public places, while you see foreigners moving left and right and some even carrying tripods just to get that precious shot? I have been a victim and kept silent about this whole issue… I guess now is the time to talk about it since it is getting more rampant and hopefully we can get more support since there are more photographers now than ever.

The Photographers right by Bert Krages can be used as a guide to protect ourselves.. the only problem is how to articulate this to a security guard who doesnt think? A security guard with a goal to protect the so called security of a venue at all cost at the expense of the photographer.

Despite Reactions and comments from photographers, this issue just keeps coming back… who is to protect the photographer if there is no listening to our pleas?

When does this stop? How do we stop it?

The General Rule to photography in public places according to Atty Bert Krages.

The General rule is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prhobition such as a statute or ordinance, photographers are legally entitled to take photographs. Places that are considered public are streets, sidewalks and public parks.

Property owners may legally prohibit photography.. yes that why its a no-no to shoot in Ayala avenue but if you ask me.. shoot first then ask questions later. Property owners have no right to prohibit others from photographing their property from other locations. The only exception to this rule is that military bases are off limits to the prying eyes of the public. We all know why this has to stay secure.

Photography is not terrorist act, it never has been and it will never be. We have our rights and they have theirs too.. but detention and confiscation of images (film or digital) is not inlcuded in their rights. Taking your film directly or indirectly by threatening to use force or call the police can constitute as theft and coercion. Know your rights… they cant arrest you for taking photographs.. its part of our freedom of expression.

If confronted in a situation that you will be detained or asked to give up your film or memory cards ask the following questions to ensure evidence to enforce your rights.

1. What is the name of the Person. What does he do?

2. Who is their Employer or Superior?

3. What authority does he have to detain you? is their legal basis to detain you?

4. If they demand for the film or deletion of your files, what legal basis do they have to force you to do it?

Remember to keep your cool and be as courteous and respectful as possible to defuse any possible altercation. If the Party gets “physical” or hostile consider calling the police. It is always to have a shooting buddy in questionable places to watch you back.

Note: This is for general education and guide about the right to take photographs and is not intended to be legal advice. Photographers seek advice from a competent attorney when they need legal advice regarding a specific situation.

Let them know how Photographers are being treated in our own country. Email the Office of Secretary Durano and let them know that their push for tourism should be tourism for all, including photographers.

Hon. JOSEPH ACE H. DURANO
Secretary
DOT Building - Agrifina Circle, Rizal Park, Manila 1000
Voice: (632) 524 1751 Fax:(632) 521 7374
jadurano@tourism.gov.ph

Here are some stories to read regarding using your camera in public. This happens to Photographers around the World.. here are a few stories..

http://www.usatoday.com/tech/columnist/andrewkantor/2006-08-11-photography-rights_x.htm 

http://www.nbc10.com/news/9574663/detail.html 

http://photojojo.com/content/tips/legal-rights-of-photographers/ 

www.kantor.com/useful/Legal-Rights-of-Photographers.pdf

http://www.nppa.org/news_and_events/news/2005/08/rights.html 

http://www.photocritic.org/2006/photography-rights-vs-respect/ 

 http://www.photocritic.org/2007/photographers-restricted/

http://petitions.pm.gov.uk/Photography/

http://photography.about.com/od/copyrightinformation/ss/PhotoRights.htm 

Locally Here was a comment submitted by Tito Basa to the inquirer.net
printed on inquirer 03/17/2007

Security mindset unfit for the times - http://opinion.inquirer.net/viewpoints/letters/view_article.php?article_id=55377

Photographers are adviced to read up and know your rights.

It is also suggested that you bring an Identification card, from your photo club, association, school or club  to show  your credentials. Always explain to people that photography is not against the law and more often the subjective interpretation is what distorts the understanding and perception of people who use the all encompassing “security” issue to stop any photographer from shooting.

I know of  some photographers that keep Atty Bert Krages Photographers Right Pdf printed ready in their bag to use as a resource against people that say photography is not allowed. Keep it handy, you’ll never know when you will be needing it.

Happy shooting..

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