Pictures in Public Places in Pennsylvania
Taking pictures with cameras and cellphones and sharing them with friends and family is one of the most popular pastimes on social media. It’s your constitutional right to take pictures (and video) of anything plainly visible in public spaces. However, in some circumstances, taking photos of people is illegal. Pennsylvania privacy laws regulate what you can and cannot photograph or videotape. If you enjoy taking pictures for personal or professional use, it’s a good idea to understand what’s permissible and what is not.
The following information was extracted from the internet at https://legalbeagle.com/6808991-video-surveillance-laws-pennsylvania.html.
Photographing People Without Permission
The First Amendment to the U.S. Constitution guarantees freedom of speech and protects your right to take pictures and shoot video in public places. However, there are also laws that protect the privacy rights of individuals who may be the subject of your photos. Before heading out, make sure you understand when and where it is against the law to take pictures of someone without permission.
Taking photographs or video on private property is an entirely different issue. Pennsylvania privacy laws governing photographing people in private spaces are different than the statutes for taking photographs in public spaces. For example, if you are on private property such as in a corporate office building, a private home, private yard, or other privately owned space, the owner of the property decides whether or not to allow photography. If you don’t comply with the owner’s wishes, you can be arrested for trespassing. Be aware that it’s not necessary to be on the property taking pictures to be liable for trespassing. Leaning over a fence to take a photo or flying over the property is also considered trespassing under the law.
Pennsylvania’s invasion of privacy laws prohibit photographing, videotaping or otherwise recording a person without that person’s knowledge or consent in a location where that person has an “expectation of privacy.”
If you take a photograph of a well-known person and then try to sell it to a newspaper or otherwise try to use the photo without permission for your own personal gain, you can be charged in Pennsylvania with violating the Right of Publicity statute. If the person you’re photographing is a celebrity whose photos you could easily sell to a newspaper, magazine, or profit from in some other way, taking that photo would be a violation of their rights.