Adopted by the Board of Trustees 11/15/2022
Photography and Filming Policy PDF
The East Greenbush Community Library (Library) recognizes the First Amendment right to film in public settings. While the library is a public place, it is considered a “limited public forum” under federal law. Public libraries may reasonably restrict the exercise of free speech rights in their buildings, particularly when the conduct would be disruptive to, or interfere with, other patrons or staff or be inconsistent with the library’s mission.
The Library offers an environment that is conducive to reading, researching, and studying. Use of the library is limited to those who conduct themselves in a manner which is appropriate to the Library’s nature and purpose. Anybody who interferes with the proper use of the Library by other patrons, harasses Library staff, or abuses Library property or materials, is subject to removal from the Library and/or restriction of Library privileges.
This policy is needed to ensure that filming and photography is consistent with the Library’s Mission Statement and other Policies and does not interfere with the provision of Library services. Individual patrons have a right to use the library facility free from harassment, intimidation, or threats to their safety, well-being, and privacy rights.
Policy
- Subject to the preceding paragraph: photography and video or audio recording by visitors to the library are generally permitted if it is strictly for personal use.
- Photography and video or audio recording for commercial purposes are permitted only if the activity has been expressly approved by the library Director. In order to ensure that such activity would not be disruptive to, or interfere with, the library staff or patrons, or be inconsistent with the library’s mission, all individuals proposing to engage in such commercial activities must request approval in writing and in advance.
- All requests to use a library facility as a setting for photography, video or audio recording are to be referred to the Director, who has the responsibility and authority to evaluate the requests and to monitor the recording. Requests will be evaluated in terms of their impact on library operations and services.
- Filming must not disrupt the work environment of Library staff, obstruct passageways or cause disturbances to library patrons. Library staff may terminate any photo or film session that appears to compromise public safety, security, patron privacy or does not meet the standards of this policy. This includes harassment of other patrons.
- In order to protect the rights of individual patrons and to prevent disruptions, interference with staff or patrons, or conduct inconsistent with the library’s mission, photographing and video or audio recording on library property are restricted as follows:
- Filming must not disrupt the work environment of Library staff, obstruct passageways or cause disturbances to library patrons. Library staff may terminate any photo or film session that appears to compromise public safety, security, patron privacy or does not meet the standards of this policy. This includes harassment of other patrons.
- Under no circumstances may the public, or members of the media take photographs or record video or audio of other people without the express permission of any library patron or staff member who would be included within the composition. In the case of minors, permission must come from the parent or legal guardian.
- In the event of a critical incident or emergency requiring police or fire response, public and media access may be limited to allow emergency personnel to ensure safety and security.
- Researchers and journalists are responsible for obtaining their own permissions when photographing copyrighted material in the Library.
- Library furnishings cannot be rearranged to accommodate the photographer’s wishes.
- Filming that will be used to promote a particular political position or candidate is not allowed.
- The terms above apply to the media as well as to amateur photographers and audio/video creators.
Exceptions/Responsibilities and Rights for Library:
- Please note that the Library frequently engages in photographing and filming programs and events for its own publicity and promotional purposes. Library staff will make every effort to notify library patrons when recording is taking place. Those who do not want to be filmed or photographed must explicitly notify Library staff verbally or in writing in each instance.