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Laws Against Recording Movie in Theatre Then Uploading and Sharing

Written By Wednesday 13 April 2022 Add Comment Edit

Legal condition of photography, including intellectual belongings and privacy laws

A "No Photography" sign, commonly placed in backdrop where taking photographs is illegal or objected to by the possessor (though in some jurisdictions, this is non a legal requirement)

The intellectual property rights on photographs are protected in different jurisdictions by the laws governing copyright and moral rights. In some cases photography may be restricted by civil or criminal constabulary. Publishing certain photographs tin can be restricted by privacy or other laws. Photography can be generally restricted in the interests of public morality and the protection of children.

Reactions to photography differ betwixt societies, and even where there are no official restrictions there may be objections to photographing people or places. Reactions may range from complaints to violence for photography which is not illegal.

Australia [edit]

General [edit]

Australia's laws in relation to this matter are like to that of the Us.[i] In Australia you tin can generally photograph anything or anyone in a public place without permission assuming that it isn't beingness used in an otherwise illegal way such every bit defamation and does non contain copyrighted material.[ clarification needed ] Furthermore photographing in a place where people would reasonably wait to exist afforded privacy such equally in a public restroom may also exist illegal.[1]

Private property [edit]

While one tin generally photograph individual property and the people within it if the lensman is not within the bounds of the private belongings and cannot exist asked to stop or delete the images, the owner can restrict recording whilst the photographer is on the private property.[ commendation needed ] Failure to comply with orders to stop recording on the private holding is non a criminal offense although information technology may be against the terms or policy of entrance and the photographer may be asked to go out; if they decline to get out, they may exist liable for trespassing.[ citation needed ]

Publishing and rights [edit]

The photographer generally has full rights of the images significant they tin can also publish it to something like social media without permission from the people in the image. Although there are exceptions in the following scenarios.

  • A breach of the Privacy human action 1988
  • Was taken while trespassing on private property[ citation needed ]
  • A alienation of duty, such every bit sharing confidential information[2]

A photographer tin generally besides non be forced to show or delete the images unless the photographic practices were at breach of the police force.[three]

Commercial purposes [edit]

If you are seeking to photograph for commercial purposes you may be required to gain permission from anyone who was involved in the film or photograph. Commercial purposes ordinarily means that you are photographing for fiscal gain or to promote goods or services.[4]

United kingdom [edit]

Legal restrictions on photography [edit]

Mass photograph gathering in the UK.

Mass photo gathering in the UK.

In the United Kingdom there are no laws forbidding photography of private property from a public place.[5] Photography is not restricted on country if the landowner has given permission to be on the land or the photographer has legal right to admission, for example Byways Open up to All Traffic or a public correct of way or an area of open access land. The Metropolitan Constabulary country in their own advice "Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel". The IAC, Pic and Video Institute recommends that one follows educational activity given by police as there may exist a reason/reasons for non filming, ignorance of said police(s) yet.[6] An exception is an area that has prohibitions detailed within anti terrorism legislation. Civil proceeding can be taken if a person is filmed without consent, and privacy laws be to protect a person where they tin can await privacy.[seven] [eight] Two public locations in the UK, Trafalgar Square and Parliament Square, have a specific provision confronting photography for commercial purposes without the written permission of the Mayor[ix] [10] or the Squares' Direction Squad and paying a fee,[11] and permission is needed to photograph or film for commercial purposes in the Royal Parks[12] or on whatsoever National Trust country.[13]

Persistent and aggressive photography of a unmarried private may come up under the legal definition of harassment.[14]

It is contempt of court to take a photograph in any court of law of any person, existence a approximate of the courtroom or a juror or a witness in or a party to whatsoever proceedings before the court, whether civil or criminal, or to publish such a photo. This includes photographs taken in a court building or the precincts of the court.[15] Taking a photograph in a court can be seen as a serious offence, leading to a prison judgement.[16] [17] The prohibition on taking photographs in the precincts is vague. Information technology was designed to preclude the undermining of the dignity of the court, through the exploitation of images in low brow "moving-picture show papers".[xviii]

Photography of certain discipline thing is restricted in the United Kingdom. In particular, the Protection of Children Act 1978 restricts making or possessing pornography of children under 18, or what looks like pornography of under-18s. There is no police prohibiting photographing children in public spaces.

Anti-terrorism law [edit]

It is an offence under the Counter-Terrorism Act 2008 to publish or communicate a photo of a constable (not including PCSOs), a member of the armed forces, or a fellow member of the security services, which is of a kind likely to be useful to a person committing or preparing an act of terrorism. At that place is a defence of interim with a reasonable alibi; notwithstanding, the burden of proof is on the defense force, under section 58A of the Terrorism Human action 2000. A PCSO in 2009 cited Section 44 of the Terrorism Act 2000 to forbid a member of the public photographing him. Section 44 actually concerns terminate and search powers.[19] However, in Jan 2010 the stop-and-search powers granted under Section 44 were ruled illegal past the European Court of Man Rights.

While the Act does not prohibit photography, critics have declared that powers granted to police nether Section 44 accept been misused to forbid lawful public photography.[twenty] Notable instances accept included the investigation of a schoolboy,[21] a Fellow member of Parliament[22] and a BBC photographer.[23] [24] The scope of these powers has since been reduced, and guidance effectually them issued to discourage their use in relation to photography, following litigation in the European Court of Man Rights.[25]

Following a prolonged campaign, including a serial of demonstrations by photographers dealt with by police officers and PCSOs, the Metropolitan Police was forced to issue updated legal advice which confirms that "Members of the public and the media exercise not need a permit to film or photograph in public places and police take no power to stop them filming or photographing incidents or police personnel" and that "The ability to stop and search someone under Section 44 of the Terrorism Act 2000 no longer exists."[26]

It is an offence under section 58 of the Terrorism Act 2000 to take a photo of a kind likely to exist useful to a person committing or preparing an human activity of terrorism, or possessing such a photograph. In that location is an identical defence of reasonable excuse. This offence (and possibly, just not necessarily the due south. 58(a) offence) covers only a photograph as described in s. ii(3)(b) of the Terrorism Human action 2006. As such, it must be of a kind likely to provide applied assistance to a person committing or preparing an human activity of terrorism. Whether the photograph in question is such is a matter for a jury, which is not required to wait at the surrounding circumstances. The photo must contain information of such a nature as to raise a reasonable suspicion that it was intended to be used to assistance in the preparation or commission of an act of terrorism. It must telephone call for an explanation. A photograph which is innocuous on its face volition not fall foul of the provision if the prosecution adduces evidence that it was intended to be used for the purpose of committing or preparing a terrorist human activity. The defence force may show a reasonable excuse simply by showing that the photograph is possessed for a purpose other than to help in the commission or preparation of an human action of terrorism, even if the purpose of possession is otherwise unlawful.[27]

Copyright [edit]

Copyright can subsist in an original photograph, i.e. a recording of light or other radiation on whatsoever medium on which an image is produced or from which an paradigm past any means be produced, and which is non part of a pic.[28] Whilst photographs are classified equally artistic works, the subsistence of copyright does not depend on artistic merit.[28] The owner of the copyright in the photo is the photographer – the person who creates it,[29] past default.[30] However, where a photograph is taken by an employee in the form of employment, the first owner of the copyright is the employer, unless there is an agreement to the opposite.[31]

Copyright which subsists in a photo protects non simply the photographer from direct copying of his/her piece of work, but besides from indirect copying to reproduce his/her work, where a substantial part of his/her work has been copied.

Copyright in a photograph lasts for lxx years from the end of the year in which the lensman dies.[32] A consequence of this lengthy period of beingness of the copyright is that many family photographs which take no market value, just pregnant emotional value, remain bailiwick to copyright, even when the original photographer cannot be traced (a problem known as copyright orphan), has given up photography, or died. In the absence of a licence, it volition exist an infringement of copyright in the photographs to re-create them.[33] When someone dies the rights will have transferred to someone else, perhaps through testamentary degradation (a will) or past inheritance. If at that place was no volition, or if the lensman has not specified where the rights in the material should go, so the normal rules of inheritance will use (although these rules are not specific to copyright and legal communication should exist sought).[34] Scanning quondam family photographs, without permission, to a digital file for personal use is prima facie an infringement of copyright.

Certain photographs may not exist protected by copyright. Section 171(3) of the Copyright, Designs and Patents Act 1988 gives courts jurisdiction to refrain from enforcing the copyright which subsists in works on the grounds of public interest. For example, patent diagrams are held to exist in the public domain, and are thus non subject area to copyright.

Infringement [edit]

"No photographs" sticker. Designed for persons at conferences who practise not want any digital likeness of them taken, including video, photography, audio, etc.

Infringement of the copyright which subsists in a photo tin can be performed through copying the photograph. This is because the owner of the copyright in the photo has the sectional right to re-create the photograph.[35] For there to be infringement of the copyright in a photograph, in that location must be copying of a substantial part of the photograph.[36] A photograph can likewise be a machinery of infringement of the copyright which subsists in another work. For example, a photo which copies a substantial part of an artistic work, such as a sculpture, painting or another photograph (without permission) would infringe the copyright which subsists in those works.

However, the bailiwick matter of a photograph is not necessarily subject to an independent copyright. For example, in the Creation Records case,[37] [38] a photographer, attempting to create a photograph for an album comprehend, gear up an elaborate and artificial scene. A photographer from a newspaper covertly photographed the scene and published it in the newspaper. The courtroom held that the newspaper photographer did not borrow the official photographer'southward copyright. Copyright did not subsist in the scene itself – it was too temporary to be a collage, and could not be categorised equally whatsoever other form of creative work.

Richard Arnold has criticized the protection of photographs in this manner on 2 grounds.[39] Firstly, it is argued that photographs should non exist protected as creative works, but should instead exist protected in a way similar to that of sound recordings and films. In other words, copyright should non protect the subject matter of a photo as a matter of course as a consequence of a photograph being taken.[north ane] It is argued that protection of photographs as artistic works is anomalous, in that photography is ultimately a medium of reproduction, rather than creation. Equally such, it is more than similar to a film, or sound, recording than a painting or sculpture. Some photographers share this view. For example, Michael Reichmann described photography equally an fine art of disclosure, equally opposed to an art of inclusion.[40] Secondly, it is argued that the protection of photographs as artistic works leads to baroque results.[39] Discipline matter is protected irrespective of the artistic merit of a photograph. The field of study matter of a photograph is protected fifty-fifty when it is not deserving of protection. For copyright to subsist in photographs as artistic works, the photographs must be original, since the English language test for originality is based on skill, labour and judgment.[39] That said, it is possible that the threshold of originality is very low. Substantially, by this, Arnold is arguing that whilst the subject area matter of some photographs may deserve protection, it is inappropriate for the law to presume that the subject matter of all photographs is deserving of protection.

Information technology is possible to say with a high degree of confidence that photographs of three-dimensional objects, including creative works, volition be treated by a courtroom as themselves original creative works, and as such, will be subject to copyright.[41] It is likely that a photograph (including a scan – digital scanning counts as photography for the purposes of the Copyright Designs and Patents Act 1988) of a two dimensional artistic work, such as some other photograph or a painting will also be subject area to copyright if a pregnant amount of skill, labour and judgment went into its cosmos.[42]

Photography and privacy [edit]

A right to privacy came into being in UK police force as a consequence of the incorporation of the European Convention on Human Rights into domestic law through the Human Rights Act 1998. This can result in restrictions on the publication of photography.[43] [44] [45] [46] [47]

Whether this correct is caused by horizontal result of the Human Rights Deed 1998 or is judicially created is a matter of some controversy.[48] The correct to privacy is protected past Article eight of the convention. In the context of photography, information technology stands at odds to the Article 10 correct of freedom of expression. Every bit such, courts volition consider the public interest in balancing the rights through the legal test of proportionality.[45]

A very express statutory right to privacy exists in the Copyright, Designs and Patents Act 1988. This right is held, for example, by someone who hires a photographer to photograph their wedding. The commissioner,[49] irrespective of any copyright which he does or does non hold in the photo,[49] of a photo which was deputed for private and domestic purposes, where copyright subsists in the photograph, has the right non to have copies of the work issued to the public,[fifty] the work exhibited in public[51] or the piece of work communicated to the public.[52] However, this correct volition not be infringed if the rightholder gives permission. Information technology volition not be infringed if the photograph is incidentally included in an creative work, moving-picture show, or broadcast.[53]

U.s. [edit]

Local, state, and national laws govern still and motility photography. Laws vary between jurisdictions, and what is non illegal in ane place may be illegal in another. Typical laws in the The states are as follows:

Public property [edit]

  • Information technology is legal to photograph or videotape anything and anyone on any public property, inside reasonable community standards.[54]
  • Photographing or videotaping a tourist attraction, whether publicly or privately owned, is more often than not considered legal, unless explicitly prohibited past a specific law or statute.[55]

Private property [edit]

  • Photography may be prohibited or restricted past a property owner on their property. Yet, a property possessor generally cannot restrict the photographing of the property past individuals who are not within the bounds of the belongings.[54]
  • Photography on private holding that is generally open to the public (e.yard., a shopping mall) is unremarkably permitted unless explicitly prohibited past posted signs. Even if no such signs are posted, the property owner or amanuensis can ask a person to stop photographing, and if the person refuses to practice so, the owner or agent tin can enquire the person to leave; in some jurisdictions, a person who refuses to leave can be arrested for criminal trespass, and many jurisdictions recognize the mutual-law correct to use reasonable force to remove a trespasser; a person who forcibly resists a lawful removal may be liable for battery, attack, or both.[56]

Outer space [edit]

  • Remote sensing of the earth from outer space is regulated by the National Oceanic and Atmospheric Administration which requires that a license be issued in advance.[57]

Privacy issues [edit]

  • Photographing individual property from within the public domain is not illegal, with the exception of an area that is generally regarded as private, such equally a sleeping room, bathroom, or hotel room.[54] In some states there is no definition of "private," in which case, in that location is a general expectation of privacy.[58] Should the subjects non endeavor to muffle their private affairs, their deportment immediately get public to a lensman using normal photographic equipment.[ commendation needed ]
  • In the US, there are multiple laws prohibiting photographing a person's genitalia without that person'south permission. This also applies to any filming of another within a public restroom or locker room. Some jurisdictions have banned the use of a telephone with photographic camera functionality within a restroom or locker room in social club to prevent this. The United states of america enacted the Video Voyeurism Prevention Human action of 2004 to punish those who intentionally capture an individual's genitalia without consent, when the person knew the subject field had an expectation of privacy.[59] State laws take as well been passed addressing this issue.[threescore]

Commercial photography [edit]

  • In certain locations, such as California State Parks, commercial photography requires a permit and sometimes proof of insurance.[61] [62] In places such as the urban center of Hermosa Beach in California, commercial photography on both public holding and private belongings is subject field to permit regulations and peradventure also insurance requirements.[63]
  • At the Chesapeake and Ohio Canal National Historical Park, commercial photography requires a permit nether certain circumstances.[64] For photography that involves the advertizement of a commercial product or service, or photography that involves sets or props or models, a allow is required.[64] In addition, if the photography has aspects that may be confusing to others, such as additional equipment or a significant number of personnel or the utilise of public areas for more than four hours, it is necessary to obtain a permit.[64] If a photographer or related personnel need to access an area during a time when the area is normally closed, or if access to a restricted area is involved, the photography requires a let.[64] For commercial portrait photographers, there is a streamlined process for photography permits.[64] In the instance of National Park arrangement units, commercial filming or sound recording requires a allow and liability insurance.[65] Still photography that uses models or props for the purpose of commercial advertising requires a permit and proof of insurance.[65] [66]
  • If a photo shows private belongings in such a manner that a viewer of the photograph can place the owner of the property, the ASMP (American Society of Media Photographers, Inc.) recommends that a holding release should be used if the photograph is to be used for advertising or commercial purposes.[67] Co-ordinate to the ASMP, a holding release may be a requirement in such a situation.[67]

Other bug [edit]

  • Photographing accident scenes and law enforcement activities is normally legal.[54] At the same time, one must not hinder the operations of law enforcement, medical, emergency, or security personnel by filming.
  • Any filming with the intent of doing unlawful harm against a subject may be a violation of the law in itself.

Canada [edit]

Federal legislation governs the questions of copyright and criminal offences with respect to photography. Otherwise, the common law (except, in the example of Quebec, the Ceremonious Lawmaking of Quebec), generally determines when photography can take identify.

  • The Copyright Human action provides that the elapsing of copyright for a photograph is the life of the author plus fifty years.[68] Freedom of panorama is also immune, with respect to photographs of sculptures and architectural works,[69] and at that place is also protection for those who "incidentally and non deliberately include a piece of work or other subject-matter in some other work or other field of study-thing."[70]
  • The Criminal Code provides for punishment of various offences, including voyeurism,[71] kid pornography,[72] trespassing at night,[73] and paparazzi behaviour.[74]
  • The police of defamation, trespass and privacy is governed at the provincial level.
  • The common-law provinces of British Columbia, Manitoba, Newfoundland and Labrador, Ontario and Saskatchewan take enacted privacy legislation dealing with personality rights,[75] which supplement the police force of trespass.
  • In Quebec, the Ceremonious Code goes further by specifying that "keeping ... private life under observation by any means" constitutes an additional ground of invasion of privacy. In Aubry 5 Éditions Vice-Versa Inc, the Supreme Court of Canada held that, because of that, supplemented by Quebec'southward Lease of Human being Rights and Freedoms privacy provisions, a photographer can take photographs in public places but may not publish them unless permission has been obtained from the subject, except where the discipline appears in an incidental manner, or whose professional success depends on public opinion.[76]

Hong Kong [edit]

A sign declaring "No Phototaking" inside a Hong Kong public library

In some public belongings owned past regime, such as law courts,[77] government buildings, libraries, borough centres [78] [79] and some of the museums in Hong Kong, photography is not immune without permission from the government. Information technology is illegal to equip or take photographs and recording in a place of public entertainment, such as cinemas and indoor theaters.[80] [81]

In individual belongings, photography may be prohibited or restricted past a property possessor on their property.[ citation needed ]

Photography on private belongings that is more often than not open to the public (e.g., a shopping mall) is usually permitted unless explicitly prohibited by posted signs. Even if no such signs are posted, the belongings owner or agent can ask a person to finish photographing, and if the person refuses to do so, the possessor or agent can ask the person to leave; in some jurisdictions, a person who refuses to leave tin exist arrested for criminal trespass, and many jurisdictions recognize the common-police right to use reasonable strength to remove a trespasser; a person who forcibly resists a lawful removal may exist liable for battery, assault, or both.[ citation needed ]

Hungary [edit]

In Hungary, from 15 March 2014 when the long-awaited Ceremonious Code was published, the law re-stated what had been normal do, namely, that a person had the right to decline being photographed. However, unsaid consent exists: it is not illegal to photograph a person who does non actively object.[82] [83]

Republic of iceland [edit]

Calling oneself a photographer, in line with virtually other trades in Iceland, requires the person to concord a Journeyman's or Master's Certificates in the industry. Exceptions can be fabricated in low population areas, or for people coming from within the EEA.[84]

Macau [edit]

In Macau, a photographer must not take or publish any photographs of a person confronting his/her will without legal justification, even in a public place. Besides, anybody has a right to Personality Rights.[ citation needed ] People are not to be photographed, photographs of them displayed or reproduced without their prior consent.[ citation needed ] Criminal penalties include imprisonment.[85] Additionally, photography of constabulary officers in Macau is illegal.[86]

Mexico [edit]

Mexican law is similar to the law in the United States. Authorities may intimidate or forestall any holder of a camera if they come into close perimeters of Government buildings.[ citation needed ]

Philippines [edit]

There has been a controversy among Filipino photographers and institution managements. On June 12, 2013, Philippine Independence Day, pro-photography group, Bawal Magazine-Shoot dito, launched at the Freedom to Shoot Mean solar day protestation at Rizal Park. The group protested for their right to accept photos of historical and public places, specially in Luneta and Intramuros. The park management imposed a fee for D-SLR photographers to shoot images for commercial purposes simply it was also reported that security guards also charge 500 pesos to shoot photos even for not-commercial purposes, an act which the advocacy grouping branded every bit "extortion". The grouping besides claimed that at that place is discrimination against Filipino photographers and claimed that the direction is lenient on foreign photographers. At that place is no official policy on taking photographs of historical places and the group has called legislators to create a law on the thing.[87]

The National Parks Evolution Commission (NPDC) issued rules in 2018 aimed at regulating photography and videography at both Rizal and Paco Parks, afterward an incident wherein filmmaker Chris Cahilig and boy band 1:43 were intercepted by the personnel of Rizal Park for failing to secure permission from NPDC before doing a video session. While coincidental snapshots for personal or souvenir purposes through mobile phones and simple cameras are tolerated, prior permission is required for photography and videography of the parks for commercial, professional, reporting, interviewing, and special occasion purposes, every bit well every bit sessions that may cause disruption at the parks. Additionally, consent from the National Historical Committee of the Philippines (NHCP) is necessary for shoots involving both the Rizal Monument and the Philippine Flag. Cahilig reacted to the policy, calling information technology "anti-tourism" and "astern".[88]

Southward Africa [edit]

In South Africa photographing people in public is legal.[89] Reproducing and selling photographs of people is legal for editorial and express fair use commercial purposes. At that place exists no instance constabulary to ascertain what the limits on commercial apply are. Ceremonious constabulary requires the consent of any identifiable persons for advertorial and promotional purposes. Property, including animals, do non enjoy any special consideration.

During the media coverage of the Nkandla controversy it emerged that at that place exists a law, the National Key Points Act, 1980, prohibiting the photographing of any "national fundamental points." National cardinal points are buildings or structures that serve a strategic or armed forces purpose. Though it wasn't revealed what these are as office of land secrecy it was claimed that the presidential residence is one of them and should thus not be shown in media. Subsequent courtroom action resulted in it being ruled that a list of all key points be made public. Although not currently or previously enforced the law is notwithstanding in effect even after calls for information technology to be repealed equally a relic of apartheid-era secrecy legislation.[xc]

Spain [edit]

Taking pictures or recording police force officers is legal, what is a serious offence to share or publish those images if:

  1. they could put at risk the constabulary officers and their families from harassment
  2. they could put at risk a planned police operation
  3. taken at a strategic or classified facilities.

If none of the 3 mentioned cases apply, information technology is but legal to share those images if the faces, voices and any identity signs are removed.

Sudan and South Sudan [edit]

Travelers who wish to accept any photographs must obtain a photography permit from the Ministry building of Interior, Department of Aliens (Sudan)[91] or Ministry of Information (South Sudan).[92]

Come across likewise [edit]

  • Freedom of panorama
  • Google Street View privacy concerns
  • Prototype copyright (Germany)
  • Legality of recording by civilians
  • Ballot selfie
  • Model release
  • Public domain

Notes [edit]

  1. ^ Illustrated in the Norowzian v Arks example. In this case, it was noted that the copyright in a film would be infringed only though photographic copying of a substantial office, as opposed to mere recreation of the film. Information technology was, however, also held that a pic could be protected by copyright both as a film and as a dramatic piece of work, provided, of course, that information technology fulfilled the requirements of protection of a dramatic piece of work, on the facts. The claimant, was eventually unsuccessful. It was held that whilst the film in question in fact had copyright subsist in it both as a film and as a dramatic work, this copyright was non infringed, considering there was no copying of a substantial part.

References [edit]

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  30. ^ Copyright, Designs and Patents Human activity 1988 south 11(1)
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  50. ^ Copyright, Designs and Patents Act 1988 s 85(1)a
  51. ^ Copyright, Designs and Patents Act 1988 s 85(1)a Paragraph B
  52. ^ Copyright, Designs and Patents Act 1988 southward 85(1)a Paragraph C
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External links [edit]

  • Bert P. Krages Attorney at Police Photographer's Rights Page Data about photographers' rights in the US
  • European Court of Human Rights case law factsheet on the right to one's ain image
  • Photography and the Police Photography and the Law Legal Updates
  • Canadian laws with regard to photography
  • Digital Rights Ireland » Photographer's Rights
  • UK Photographers Rights
  • Australian street photography legal bug
  • I'm a Lensman, Not a Terrorist!, a United kingdom of great britain and northern ireland group set up to fight unnecessary and draconian restrictions against individuals taking photographs in public spaces
  • Worldwide Photographer's Rights free ebook

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Source: https://en.wikipedia.org/wiki/Photography_and_the_law

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