Fans of taking pictures and filming sometimes find themselves in an unpleasant situation - they are denied the right to shoot in public places (a shopping center, store, subway, etc.). Sometimes you can observe attempts to remove equipment or remove a memory card.
Movie Act - what do you mean?
Let's look at this issue. Is there any separate video filming law? There are several regulatory documents related to photography and video shooting. The most important of them is the Constitution of the Russian Federation. It is about that part of it, which allows each citizen of our country to search for information freely, as well as transmit, receive, produce and distribute it in any legal way. This right guarantees us the 29th article of our Basic Law.
In addition, there is a federal law adopted in 2006 (dated July 27) No. 149-FZ. It is called "On Information, Information Technology and the Protection of Information." And the well-known Consumer Protection Law completes the three most important documents.
According to the Constitution, it is allowed to take photographs and videos of almost all objects, except for those whose access is limited by the Federal Laws. The main restrictions on filming in public places are not imposed by the law on the filming process itself, but on the commercial use and publication of its results.
When it is forbidden to shoot with a flash and a tripod
According to constitutional rights, a citizen has the right to collect information in any way that is convenient for him. Therefore, regardless of the purpose of taking pictures, the flash and a tripod have every right to exist in the absence of interference and a threat to the safety of others. The only exception may be the ban on shooting by museums in their own rooms due to the need to protect individual exhibits.
Those who strive to prohibit photo and video shooting are sometimes guided by laws of the Soviet era, which have long ceased to be in force. It should be understood that this area is now regulated by new laws of Russian origin. However, any rule is not without exception.
What does the law say about filming people in public places ?
Article 152 (paragraph 1) of the Civil Code of the Russian Federation regulates the protection of the image of a citizen. But the restrictions imposed by it concern not the photographing of people as such, but the use of the resulting image in the future. Observing this law, you will not be able to publish the image of a person without his written consent.
But here, there were some exceptions. So, the consent to the publication of those who are photographed in the state, public or public interests (for example, in the news story) is not required.
It is believed that filming a person without his consent means violating his legal right to privacy. But since we are talking about shooting in public places, there is no need to talk about the secret of private life. Although this concept is very relative, it is not possible to attract a photographer by law in this case. When defending one's own rights, one should well understand what a public place is and what actions are put there.
Can I take pictures in a public institution?
The ban on filming public places often implies shops, offices or restaurants. Is it possible to remove the display of goods, photograph price tags or other similar information? Often owners prohibit this by declaring this information a trade secret, but such statements do not stand up to criticism.
The value of goods displayed on the price tags may in no way be classified as a trade secret. It is clearly one of the publicly available information. Moreover, hiding such data means violating the law protecting the rights of consumers.
What about filming in catering establishments? Owners of cafes and restaurants often believe that such a public place can exist according to special rules established by them, which visitors must obey. But they are only right to the extent that these rules do not contradict the laws of the Russian Federation. The restriction and prohibition of taking photographs violates the above-mentioned Law No. 149 and directly contradicts the Constitution of the Russian Federation.
Such a ban can only become lawful if the photographer interferes with other visitors or poses a threat to their safety.
If photography in a store, bar, cafe or office is prohibited by their owners, the concepts of collecting information and using property are replaced. According to the same Law on Information mentioned above, photography cannot in any way relate to actions that infringe on anyone's property rights.
Can I take pictures of logos, signs and trademarks?
Sometimes store owners do not allow photographing the facade of their building, citing the violation of trademark rights. But photographing the logo in no way refers to the use of the trademark. This issue is covered by article 1484 of the Civil Code of the Russian Federation, explaining what is meant by the concept of using such a sign.
We are talking about the identification of goods, services or work in the field of advertising or on the packaging of goods. This all has nothing to do with photography and in no way infringes on the rights of the owner.
Can I take photos of library book pages?
In article number 1273, the Civil Code allows us to photograph the pages of books in libraries with our own camera. Under copyright infringement , only copying the entire book or notes with subsequent printing and use for commercial purposes falls.
Very often in libraries, readers are forbidden to make such copies, forcing them to resort to the copy technique of the library. In this case, we are also talking about a violation of the Law on the Protection of Consumer Rights. This action is among the services imposed.
About shooting strategic objects
Television, film, photo and video shooting is prohibited at public facilities belonging to Russian Railways. At the same time, there are no such prohibitions in the rules governing the provision of freight and passenger transportation services on railway transport of a personal nature (not related to commercial activities).
That is why the order of Russian Railways is not so categorical. In addition, it does not say anything about the prohibition of filming for personal purposes or in public places, which include stations, stops, stations, etc. Thus, we can assume that the law does not prohibit shooting in public places of this kind. The restriction in this case applies only to commercial shooting or made for films, news, etc.
Conclusion: if a photographer takes pictures for personal purposes and does not bother anyone, including does not violate traffic safety, his actions are completely legal.
Can I take pictures from the aircraft?
The ban in this area concerns only remote sensing of the Earth. This term usually involves satellite photography using special equipment that is not related to the topic discussed in the article. There are no restrictions on amateur photography from an airplane.
It should be borne in mind that during landing and take-off in an airplane, no electronic devices should be used. But additional restrictions on shooting during the flight, introduced at the personal initiative of individual airlines, relate to violations of our consumer rights.
Can I shoot in the subway? The metro does not belong to strategic public facilities and, in fact, is no different from other public institutions, where photography cannot be prohibited in any way.
What objects are classified as state secrets?
It is prohibited by law to remove the objects mentioned above. But here it should be clarified. What falls under the category of objects classified as state secrets ? The subject of the ban must go through the so-called classified procedure described by the law "On State Secret". The same regulatory act also regulates the list of information that relates to state secrets.
The privacy stamp is applied to the object based on the results of a special expert assessment. If such a neck is not available, then nothing should hinder unhindered photographing of the object.
Can I shoot at important events and near cultural monuments?
In particular, we are talking about the possibility of filming near the Kremlin on Red Square. Like the previous one, the question is one of those related to the concept of state secret. There is no direct indication of a ban on photography in Red Square. As for the territory of the Kremlin, the rules by which it is allowed to shoot there, previously imposed restrictions on the size of cameras, but at the moment, such measures have been canceled.
Now permission to take photographs should be stocked up only in two cases - when conducting security measures and preparing for them, or when a photographer takes pictures for replicated products. Permission is obtained by submitting an application to the FSS and reviewing it within a three-day period.
Polling
Neither the media nor ordinary citizens are in any way limited in their rights in this matter. Direct permission to take photographs is contained in Law No. 67-FZ, issued in 2002 and relating to basic guarantees of the electoral rights of citizens of the Russian Federation. Thus, in case of possible disputes on this topic, one can refer to the absence of any prohibitions in this law.
Can I shoot in a museum?
Often there you can see the sign "photography is prohibited." Many museums require a fee for the possibility of photographing, while there are no regulatory acts on such an action. What is actually possible and what cannot be done in a museum?
In our country in 1996, law number 54-FZ was passed. This federal law applies to the museum fund of the Russian Federation. According to him, the museum may prohibit the commercial use of photographs of its exhibits and the release of appropriate souvenirs. This applies to any object or exhibit, regardless of whether it is protected by copyright or not. Just like in previous cases, the ban applies only to the commercial use of images obtained in the museum. Again, the law of shooting in public places, which include museums, is in no way prohibited.
The museum can restrict access to exhibits only if they are in unsatisfactory condition or if they are under restoration or in storage. The introduction of a fee for the possibility of photographing is illegal from a legal point of view. It is up to the photographer to decide how appropriate it is to argue in each case.
Is it possible to remove the traffic police and the Ministry of Internal Affairs during execution?
Decree of the President of the Russian Federation No. 2334 establishes the so-called principle of information transparency for any state bodies. In practice, this means that the right of any citizen is to control the activities of state bodies, including writing and using technical means.
According to the order of the Ministry of Internal Affairs No. 185, issued in March 2009 regarding the administrative regulations of the Ministry of Internal Affairs in the field of road safety, citizens are allowed to record any conversations with representatives of the traffic police and the prohibition of the latter on such action is a violation of the law.
So where is it still forbidden to shoot?
Are there any places where shooting is clearly prohibited or requires separate permission? This procedure is prohibited in courthouses and correctional facilities. The prohibition is fixed in articles of the procedural codes that are similar in significance to federal laws.
The trial can only be removed with the permission of the presiding judge. If the case concerns administrative offenses, permission to shoot may be given by another official who is relevant to the case.
Photographs of convicts who are in the correctional facility can only be obtained with their written consent. Objects for their protection are allowed to be removed, having received written permission from the administration of the penal authority.
In office and other rooms, detectives cannot conduct video and photography without the written consent of both private and official persons.
You can’t take pictures and take pictures at closed meetings of the State Duma, as well as bring any filming equipment there. Under the ban photography of military facilities and ships aboard foreign ships. Cannot be removed at the facilities of the Federal Customs Service. The introduction of equipment in the building of the Gosstroy is allowed only with written permission.
The ban also applies to the territory of the Ministry of Fuel and Energy. It is impossible to photograph clothes and objects at a distance of 5 kilometers along the state border without having received the written permission of the FSB. The ban on the transport of equipment and shooting also applies to the territory of the Rostransnadzor in the absence of a permit.