Reporter Arrested for Photographing Senators, Donors at Democratic Convention

Once again we see a heavy hand coming down on those daring to use a camera in public. This time it was Denver police arresting an ABC News producer for taking pictures, on a public sidewalk, of Democratic senators and big contributor.

A police official later told lawyers for ABC News that Eslocker is being charged with trespass, interference, and failure to follow a lawful order. He also said the arrest followed a signed complaint from the Brown Palace Hotel.

Nothing like trespassing on a public sidewalk. This is just one more in an alarmingly growing series of people taking photographs being hassled by authorities. Maybe it's the memory of how video has captured police in brutal activities, or perhaps it's a thought that power brokers should be able to hide from public site even when out in the open. But it's bad.

Rules of Thumb on What You Can Legally Photograph

Kim Komando's column had a good rundown on general rules of when you can and cannot take photos:

• Public spaces are fair game. If something is out in a public area or on view from a pubic area, it's generally legal to take a photograph.
• You can photograph people in pubic places or visible from public places.There are exceptions, however. For example, you can photograph the outside of someone's house, but you cannot photograph someone in his or her bathroom or bedroom, even if the blinds are open, because they have a reasonable expectation of privacy.
• You need permission to photograph in a private space. You have to have permissions to take photos. so a museum, for instance, can restrict photography while you are inside the building.
• You may not be able to photograph all public facilities, even if on public land.There are times you can be prohibited from photographing sensitive locations, such as a power plant or military base.

There are additional potential complications from how you plan to use photos, as well. For example, you can take pictures of someone in a public place and sell them as art prints, but you cannot necessarily sell them to an advertising firm. You can take a picture of an interesting building, but to use it in a marketing campaign might require permission from the architect, depending on the age of the structure.