You see the "shooting ban" tab. Does that mean you really can not take a photo? What do you threaten if you decide to break this ban? Here are some legal issues related to taking photos in public.

The ubiquity of cameras makes it possible to shoot almost anywhere and anytime. However, some objects and items are subject to information on the ban on photography. It turns out that in most cases such a ban has no legal justification. Fotoprawo.pl portal explains when and under what circumstances it should be observed.

Performing and distributing a photo

It is essential to differentiate the image from its distribution , for which it is considered to be made available to an unlimited audience. As far as picture taking is concerned, almost every situation, its dissemination, most often linked to obtaining benefits, usually depends on the consent of the authorized person.

Doroczny Bieg Niepodległości/fot. Ministerstwo Spraw Zagranicznych

Doroczny Bieg Niepodległości/fot. Ministerstwo Spraw Zagranicznych

An exception to this rule is the provision in Art. Article 33 of the Law on Copyright and Related Rights, which states that it is permissible to distribute works permanently displayed on generally available roads, streets, squares or gardens. So if the garden is an artistically cut shrub or a mural we can make and distribute his photo without fear of infringement of copyright.

Prohibition of photography and ownership

Expert of the portal Fotoprawo.pl, Magdalena Stasiak explains: "The requirement to obtain permission to distribute photos may result from the ownership. According to Art. In Article 140 of the Civil Code, only the owner, excluding other persons, may exercise the right in accordance with the socio-economic purpose of his or her right, in particular he or she may receive benefits and other income from things. So if a photographer takes a picture of a particular object, plant, or animal belonging to someone else and then uses it for commercial purposes, then it violates the exclusive right of the owner to take advantage of that object . In such a situation, the owner may demand the cessation of such activities. However, it must be borne in mind that it is generally not possible to prohibit a photo, but only to distribute it and monetize it. "

fot. Ed Bierman/Flickr CC

fot. Ed Bierman/Flickr CC


Prohibition of photography and state objects

There are situations when even taking photographs is against the law. This may be the case specified in the Ordinance of the Council of Ministers of 24 June 2003 on objects of particular importance to the security and defense of the state and their special protection. In accordance with the provisions of the Regulation, the facilities of the Police, the National Bank of Poland, factories producing, repairing and storing weapons and military equipment, or power plants. The list is quite long and it is worth to get acquainted with it, because this special protection can be understood in such a way that the mere shooting of the object is forbidden.