Photography Prohibitions (or: unlawful photography)

Rudolf Wedler, Die Fotografie 3/1962

1. General Remarks

Because of the separation of Germany into two states, it is necessary to protect the social development of the GDR against interior and exterior enemies. Given the contemporary situation in Germany, we have to be aware that restrictions must be imposed onto photography. These restrictions are to the benefit of security and are necessary in the interest of the whole.

Enemies of our social development use the means of photography in particular in order to spy and obtain information. The means of photography can provide materials that form the basis for their disturbance of our social construction. Prohibitions and restrictions are necessary to impede the practice of the enemies of our republic, prohibitions and restrictions regarding taking photographs of institutions that serve state security and of buildings that are important to the national economy and traffic engineering.

The following section shall contribute to pointing out the limits of what is permitted in order to prevent photographers from inconsiderate actions.

It is clear what is permitted and what is not wherever laws exist. Difficult are those questions for which there are no laws, for which at best there are frequently unpublished, official guidelines and rules, and issues which have developed out of habit and by customary law.

Our social interactions have become increasingly complex, to the extent that it is not always easy to demarcate the legal interests of individuals. It should be taken for granted that national property as well as private property are protected against photographic trespassing.

The reader may say that everyone knows what they are allowed to do and what they are not allowed to do as long as one creates legal guidelines concerning the limits of individual interests. This is correct, but who would guarantee that legal stipulations capture all the various possibilities? Can the variety of life with all its subsections be grasped in terms of the question of what is permitted and what is prohibited? There have been legal prohibitions concerning these questions before, but all were incomplete.

Considering all possibilities, it becomes necessary that we make do with the existing legal stipulations as long as no further laws are created. We will generally find the correct position for the questions at hand by reasonably weighing all interests and by considering the following directions. May the following contribute to solving these controversial problems. The questions under consideration apply to taking photographs and also to film making.

2. Institutions of the Military and the Police

It is prohibited to take photographs of all institutions belonging to the National People's Army (land, air, and sea forces) and to the People's Police, as well as of all other institutions and buildings that serve state security. This also applies to the troops of the Soviet Army temporarily stationed in the GDR.

Violations of this prohibition can engender the suspicion of spying and can be punished according to penal laws. It is prohibited to take photographs of all military institutions and buildings in all European countries. In order to avoid being suspected of spying, one should pay attention to this especially when traveling in foreign countries.

3. Aerial photography

Aerial photography as well as photographs of airplanes are not allowed. According to Section 7 of the General Guidelines for Air Passengers of the Deutsche Lufthansa, cameras and binoculars must be stored with checked-in luggage for the duration of the flight or must be handed over to the stewardess. In certain cases special permission to take photographs may be given. To this end, a petition must be filed with the management of the Deutsche Lufthansa, Section Press and Advertisement, Berlin W8, listing the respective reasons. This rule only applies to the domestic flights of the Deutsche Lufthansa. If one intends to take aerial photographs of foreign territory, permission must be requested from the respective airline, since the laws differ from state to state.

The »Coordination Law« (Law regarding the coordination of work in surveyance and mapping v. 14.12.56 GBI I, No. 114/56) contains further laws regarding the production of aerial photographs. Based on §10 of the ruling of December 14, 1956, the Interior Minister enacted the second executive rule concerning aerial photography of October 27, 1958 (GBI I No. 66/58, p. 803) and stipulated the following:

§5 Aerial photographs for other purposes (press, film, television, advertisement) may only be made for specific reasons in exceptional cases which were approved by the Ministry of Traffic Engineering, Section Civil Air Traffic. Petitions to gain permission must contain information according to §3 of VO, Letter a), Numbers 1,2,5,7 and 10. It must also contain an extensive explanation concerning the necessity of taking these aerial photographs. It must be approved by the central section of state administration responsible for the specific petition (e.g. Ministry of Culture, Press Office of the Minister President).

The reproduction and publication of aerial photographs for all other reasons must be approved by the Ministry of Traffic Engineering, Section Civil Air Traffic.

4. Factories and Industrial Buildings

Photographs of factories and industrial buildings are not allowed without permission. This includes among others shipyards, larger construction sites and state owned factories. Buildings of importance to the national economy and traffic may not be photographed. This includes for example dams, barrages, walls, store houses, ship canal lifts, floodgates, permanent sea-marks, light houses, maritime construction sites, coastal views, transmitters, aerial cableways, mines, tunnels, bridges for trains and bridges across land and waterways important for other traffic. Also here it must be considered that a heightened protection is necessary to prevent industrial espionage. It is important that no image contains recognizable details of buildings important for traffic engineering and the national economy. General survey photographs of such buildings may not be produced either.

It is certainly possible for reporters, professional photographers, and under certain circumstances also for amateur photographers, to obtain permission to take photographs of these objects. It is possible when the necessity to take such photographs has been proven to the responsible state and people-owned administrations.

5. German National Railways and Local Railroads

The question whether one is allowed to take photographs on National Railways premises is of particular interest, especially since certainly many a photographer has already had trouble with the respective authorities. There may be many nice motifs on the railway properties, or one may like to take pictures of people on the tracks, for example upon a train's departure. Yet this is not allowed. Photography is not permitted on National Railways premises or on the premises of the local and industrial railroads. This prohibition does not only apply to those areas inaccessible to travelers, but also to those parts of the train station, which they may enter unimpeded or with a ticket. Most importantly, this also includes tracks, the insides of train stations, etc. Since the train station is a building situated on a public street, path, or square, there should be no objections to photographs of its exterior taken from the street.

6. Public Streets, Paths, and Squares

In principle, photographs of public streets, paths, and squares are allowed. In the case of buildings which are located on public streets, paths, and squares, this right is restricted to exterior views. Public means that there is free access to the public at large. The laws are based on the assumption that any work which is permanently situated on public streets, paths, or squares, has to a certain extent become common property. An important law is part of the Road Traffic Regulations. §1 of the VO says that each participant in the road traffic should act in such a way as to not endanger traffic. He must act in such a way as to not damage anyone and to never interfere with or bother anyone. §33 of the Regulations says that stopping at street corners is prohibited if it interferes with or endangers traffic. §366, Number 9 of the Criminal Code says: Whoever puts up, lies down, or leaves behind objects on public streets, paths, or squares that hinder the free flow of traffic, shall be punished with a fine of 150DM. Examples here are: setting up tripods at lively intersections which obstruct pedestrians; lying cables for lamps; using a flash on the open street under certain circumstances, if this hinders traffic. It is conceivable too that traffic is hindered not by the photographer himself, but by the crowds of curious onlookers. Orders of the people's police should be obeyed in such cases. The people's police should be informed if photographs have to be taken and an obstruction of traffic is unavoidable.

7. Other public transportation

In principle, it is allowed to take photographs of and inside of means of public transportation, like trams, buses, and subways. However, one has to obey the orders of the attendants, because each city has different understandings and regulations regarding photography. In any case, attention should be paid to not hinder traffic or endanger the safety of its operation. Here too, taking photographs of publicly inaccessible operating equipment and buildings is only allowed with special permission of the management of the respective means of transportation. This is true for example for central stations, garages, workshops, as well as offices and workrooms. It is essential here to keep up order and not to hinder the security of traffic.

8. Sports Events

It is allowed to take photographs during sports events of any kind. Attention should be paid not to hinder sportsmen in their competitions by taking photographs. Especially amateurs are not always allowed to enter the athletic fields, namely during soccer games. Amateurs have not always understood this. There is no doubt that order has to be maintained on the athletic field to run competitions in a well-managed way. Photographers must respect the necessary orders of the ushers. It must not happen that dozens of photographers rush at the winner of a competition to capture him in an image, thereby impeding the course of the events and under certain circumstances also endangering themselves (e.g. during motorcycle events).

The photographer must also consider that each sport event is attended by sports reporters of the press, who have to deliver images to their papers and cannot wait for someone to make room for them.

9. Public Events and Meetings

Taking photographs during public events, rallies, and meetings within an area fenced off by the police is only allowed for people who have been given permission to do so (in general reporters), for people with a press pass. In all other cases, taking photographs during public events and rallies is allowed.

10. National Monuments and Museums, cathedrals, churches, zoological and botanical gardens, archaeological excavation sites

There is no general prohibition to take photographs of cultural monuments and these listed institutions.

a. National Monuments and Museums

On December 20, 1956, the Ministry of Culture has released a directive of regarding these institutions. This directive regulates the taking of photographs inside such monuments. (Number 6 applies to photographs of the exterior of these buildings.)

The directive was published in No. 13 of the »Decrees and News from the Ministry of Culture« of December 20, 1956, page 2, and reads as follows:

»Taking photographs inside of monuments, which are classified as historic monuments. Following complaints that it is prohibited to take photographs inside of monuments, it is ordered that this is allowed. However, this permission only applies to scientific and private purposes.

Taking photographs for commercial purposes requires explicit written permission by those responsible for the respective national monument. The fee for the reproduction rights shall be agreed on together with this permission.

All departments of culture of the Councils of the districts as well as the branches of the Institute for the Preservation of Monuments have been ordered to announce this directive in all monuments under their supervision.

Photographs of the exterior are permitted according to copyright laws.«

This directive was appended as follows:

»The permission to take photographs of the interiors of national monuments for scientific and private purposes does not apply to the interior furnishings or to the objects exhibited in museums and collections. It furthermore does not apply to those interiors of buildings which are not open to the general public.

In all cases, permission is required from the owner, the legal entity, or the museum director. Permission is given by museums if the security of the objects exhibited is not endangered, if visitors are not disturbed, and if no technical aids are used, such as artificial light including flashes, tripods, scaffoldings etc.«

b. Cathedrals, Churches, zoological and botanical gardens, archaeological excavation sites

There are no specific regulations regarding prohibitions for taking photographs in these institutions. Permission is generally given following consultation with the respective administration. This permission is sometimes dependent on a fee or a small administrative fee for a special permission card (for example in various zoological gardens).

One must always follow local regulations. Taking photographs of archaeological excavation sites is usually only allowed with special permission.

11. Caves

At cave entrances, one occasionally encounters signs reading: »Photography prohibited.« The cave administration is certainly entitled to allow or prohibit photography. One may be excluded from further visits should one violate a prohibition publicly announced on a sign. Under no circumstances should a prohibition of photography be used to protect the commercial interests of a private cave photographer, who takes memory images for visitors. In the absence of other reasons, each citizen should be allowed to take photographs of these cultural institutions.

12. Theater, Variety, Circus, Cinema

It is allowed to take photographs of the theater from one's seat. It should be taken for granted that this should be done in such a way so as to disturb neither the audience nor the actors. It follows then that no flash should be used in theaters, varieties, and circuses without prior consultation with the management of the institution. Taking photographs in the variety and the circus is generally only allowed after prior consultation with the director.

Taking photographs in cinemas is generally allowed as long as no other visitors are disturbed. There are no copyright considerations as long as photographs are taken for private use. However, it is not allowed to reproduce, distribute, or exhibit in public photographs of screened films, because each film is protected by copyright.

13. Photography and Nature Protection

The Nature Protection law was enacted on August 4, 1958 (Law Papers No. 71/54). Its introduction notes: For economic, cultural, and scientific reasons, it is necessary to protect nature from unjustified and unnecessary interventions, to preserve and take care of the beauty of the flora and the animal world, and to give the sciences the possibility to research.

§§4 and 5 of this law stipulate that unhuntable wild animals and wild plants can be protected by law. This happened with the law to protect unhuntable wild animals with the exception of birds, dating from February 5, 1955 (GBI II No. 11/15) and with the law to protect unhuntable wild birds dating from June 24, 1955 (GB II No. 36/55).

Both laws contain detailed lists of those animals protected by the law. §§5 of both laws notes:

Animals that are endangered by extinction may be photographed and filmed in their habitats and in nature only with approval of the local nature protection department. A copy of the approval letter should be given to the local protection department.

The holder of the approval letter must notify the local nature protection department early enough, that is, there should at least be three days between the receipt of the letter and the beginning of the named work - three days including the day of receipt and the first day or work. These rules are drawn from §4 of the Nature Protection law. §18 of this law orders a three year sentence in prison and/or a fine, unless other laws require a higher sentence, for those who violate these rules set out in §4 Sect.2 with premeditation or out of negligence.

In addition to the sentence, moveable objects which were obtained or used during the violation (e.g. film or camera) may be confiscated without consideration of property relations or other rights of others. The confiscation can also take place independently.

It follows from these laws that animals that are not under protection may be photographed or filmed without permission. The animal photographer should always pay attention to approach his task responsibly and with consideration for the survival of the animal world. The beauties of nature should be protected and preserved. It is the task of all friends of nature to contribute to this. The nature protection law, along with its restrictions for photographic work, serves this goal.

14. Photographs during Foreign Travel

One should leave the camera in a suitcase or backpack when crossing the border during travel into a foreign country. It is not allowed to take photographs at the border or the border areas. This also applies to boat and canal rides on rivers running along the border. When crossing the border, the camera is listed in the passport or a certificate is drafted confirming that a camera was taken along. Attention should be paid to this registration of the camera in order to avoid difficulties upon return and to be able to prove the authorized carrying of a camera in a foreign country.

When crossing the border to West Germany the camera will also be listed in the passport. Each traveler may usually carry only one camera. If several cameras are taken for scientific or other purposes, this should be certified by an official agency (ministry, university, or research institute). Generally the following is allowed as photographic equipment: three unexposed films for each camera taken, or 24 unexposed plates in the case of plate-back cameras. In exceptional cases, more photographic material may be approved. Negatives exposed in foreign countries should be developed before crossing the border in order to avoid potential difficulties with foreign custom control upon return.

There are no general rules for photography prohibitions in foreign countries, and it would be wrong to apply our conditions to other countries. Some countries are very generous regarding photography permissions, while other countries have severe restrictions. One can avoid trouble by inquiring about the respective laws early.