ABSTRACT
Photography is one of the methods through which a person may express and communicate his/her ideas, beliefs or other information with others. The creation and publication of photographs are two distinct activities both in practical terms and from a legal rights perspective. Photographers and photograph publishers enjoy a range of legal rights, which are derived both directly and indirectly from a number of sources at the global, European, European Union and national levels. The right to take a photograph in a public place or in a place to which members of the public are admitted without any restrictions on the taking of photographs is founded in the common law. It is also founded in the legal right of freedom of expression and in particular its sub-set – the right of artistic expression. The right to publish a created photograph is founded upon the rights of freedom of expression, including its sub-sets of artistic and commercial expression and freedom of communication. The right to take and/or publish photographs is not absolute and may be legally restricted.
