Your rights as a photographer
As a professional photographer in Cape Town, South Africa, I am aware that many commercial photographers are bullied into paying a location fee and acquiring a permit for their professional lifestyle, fashion or other related photography services that they provide. Here are the facts and trust that this will shed positive light when you plan a shoot from a budgetary as well as from a “know your rights” position.
What you need to know
To avoid paying fees to use public locations for your photography in Cape Town, consider the following strategies:
- Shoot in Non-Commercial Contexts
- Personal or Non-Profit Photography: If the shoot is for personal, non-commercial use (such as a family photoshoot or travel photography), you often don’t need a permit or to pay fees.
- Small Equipment and Minimal Crew: Avoid using large equipment or a large team. Stick to portable gear like a handheld camera or small reflectors. This reduces the chance of drawing attention or needing a permit.
- Choose Lesser-Known Locations
- Avoid Iconic, High-Traffic Spots: Famous spots like Table Mountain, Camps Bay, and Bo-Kaap often require permits, especially for commercial photography. Instead, scout for lesser-known beaches, parks, and streets that are less regulated.
- Hidden Gems: Explore areas like Llandudno Beach or some quieter parts of the city where there’s less regulation, and you can shoot freely.
- Shoot During Off-Peak Hours
- Early Morning or Late Evening: Authorities and crowds are less likely to be present during early mornings or late evenings. This also provides softer natural lighting, ideal for photoshoots.
- Weekdays Instead of Weekends: Popular locations are less crowded during the week, reducing the chances of being approached by officials or needing a permit.
- Use Locations Where Permits Aren’t Needed
- Public Parks with No Fees: Not all public parks in Cape Town require permits for small-scale photography. Research local parks where casual photography is allowed.
- Informal Settings: Use open urban spaces or quieter parts of town, like city streets and small urban areas, which are less likely to require permits for small, low-impact shoots.
- Ask for Permission from Locals or Businesses
- Partner with Local Businesses: Approach local restaurants, cafés, or other small businesses and offer to provide them with professional photos in exchange for access to their space.
- Private Properties: If you know someone who owns property with scenic views, gardens, or unique architectural elements, request to use their location.
- Do a Quick, Low-Profile Shoot
- Be Discreet: If you’re shooting in public, keep it low-key. A quick, discreet shoot is less likely to attract attention from authorities.
- Avoid Large Setups: The larger your setup, the more attention you’ll attract. Stick to handheld cameras, natural lighting, and minimal gear to avoid needing a permit.
- Join Photography Groups or Networks
- Collaborate with Locals: Local photographers might know spots where permits aren’t strictly enforced or where free photography is allowed. Joining photography groups can help you discover these locations and insider tips.
- Shared Locations: Sometimes photographers collectively arrange to use a space at a reduced or waived fee, especially if it’s for non-commercial purposes.
- Negotiate Special Permissions
- Non-Profit or Portfolio Work: If the shoot is for your portfolio or artistic work, you may be able to negotiate with city authorities or location managers for free access, especially if you can show that it won’t disrupt public use.
- Student or Amateur Photography: Sometimes, shoots for educational or amateur purposes can receive exemptions from fees.
- Use a Mobile Approach
- Shoot While on the Move: If you’re using public streets, walk around and take spontaneous shots rather than setting up in one location. This reduces the likelihood of needing a permit or being approached.
- Capture Candid Moments: Keep the setup simple and capture candid, documentary-style shots without elaborate staging.
By being strategic in your choice of locations, the timing of your shoot, and the way you present yourself on-site, you can often avoid fees while still capturing great images in public locations.
When are photographers in Cape Town required to pay for permits
Photographers in Cape Town are required to pay for permits in specific situations, especially when the shoot involves public spaces, commercial activities, or potential disruptions. Here’s when permits are generally required:
- Commercial Photography
- Definition: Any photography done for commercial purposes (e.g., fashion shoots, advertisements, films, etc.) typically requires a permit. This includes shoots that will generate revenue, whether it’s through direct sales, marketing, or other forms of business promotion.
- Examples: Fashion editorials, corporate advertising campaigns, and music videos.
- Large Crew or Equipment
- Requirement: If your photoshoot involves a large crew, extensive equipment (like lighting rigs, tripods, or set structures), or vehicles, you are more likely to need a permit.
- Rationale: Authorities monitor the use of public spaces to avoid congestion, disruption, and damage to property or nature.
- Public Spaces and Landmarks
- Table Mountain National Park: Any commercial or professional shoot within the park (including on Table Mountain, Lion’s Head, and Cape Point) requires a permit.
- Beaches and Parks: Popular beaches like Camps Bay, Clifton, and Muizenberg, as well as city parks like Kirstenbosch Botanical Gardens, require permits for professional shoots.
- Iconic Landmarks: Areas like Bo-Kaap or along Chapman’s Peak Drive may have restrictions, especially for commercial use.
- Road Closures or Traffic Disruptions
- Requirement: If your shoot requires closing roads, controlling traffic, or blocking access to public areas, a permit is essential.
- Rationale: The City of Cape Town enforces strict rules for public safety and traffic flow.
- Drone Photography
- Requirement: Drone operators need permits for aerial photography in Cape Town. Additionally, drone use is highly regulated near airports, national parks, and densely populated areas.
- Rationale: Drone usage has safety and privacy concerns, requiring permission from aviation authorities like the South African Civil Aviation Authority (SACAA).
- Shoots That Involve Disturbing the Public
- Definition: Any photography that might cause disruption to public activities, create noise, or affect the regular use of the location often requires a permit.
- Rationale: This ensures that photographers do not interfere with the public’s access to or enjoyment of the space.
- Film or TV Production
- Requirement: If the shoot is part of a film, documentary, or TV production, permits are almost always mandatory.
- Rationale: The city of Cape Town has a dedicated Film Permit Office that manages permits for all commercial filming activities.
- Protected or Historical Sites
- Requirement: Shooting at historical or culturally significant sites like Bo-Kaap or Castle of Good Hope may require special permits.
- Rationale: These areas are protected for their heritage, and the city regulates any commercial activity to preserve their integrity.
- Shoots on Private Property
- Requirement: If you’re shooting on private property (e.g., a hotel, restaurant, or private residence), you need permission from the property owner, which may come with a fee but not necessarily a formal city permit.
- Rationale: The owner has the right to control any commercial activity on their property.
Permit Process
- Where to Apply: Permits can usually be obtained from the City of Cape Town’s Film Permit Office or the relevant management authority for national parks or specific landmarks.
- Costs: Permit fees vary based on the location, the scale of the shoot, and whether it’s commercial or non-commercial.
- Lead Time: It’s recommended to apply for permits well in advance (at least 5–7 working days) to ensure you receive approval in time.
When Permits May Not Be Required:
- Casual or Tourist Photography: If you’re simply taking photos for personal use without professional equipment or crew, no permit is required.
- Minimal Equipment: Small-scale shoots with minimal equipment (like handheld cameras and no crew) in non-sensitive public spaces may not require a permit.
Photographers should always check with local authorities and management bodies to ensure they comply with the rules, as regulations may change depending on the location and time of year.
How to avoid paying location costs for a photography photoshoot in Cape Town
To avoid paying location costs for a photography photoshoot in Cape Town, here are several strategies:
- Public Spaces
- Use Public Beaches and Parks: Cape Town has many public beaches (e.g., Camps Bay, Muizenberg) and parks (e.g., Green Point Urban Park) where you can shoot for free. Just be mindful of local rules regarding equipment and noise.
- Early Morning or Late Evening Shoots: These times are quieter and may reduce the chances of authorities or people asking questions about permits or fees.
- Collaborate with Local Businesses
- Exchange Services: Offer local cafés, hotels, or boutiques free photography services (e.g., photos of their business) in exchange for shooting in their space.
- Non-Prime Hours: Businesses might be more willing to allow photoshoots during their downtime, such as early morning or late evening when they’re closed.
- City Parks and Open Areas
- No-Permit Zones: Research areas in Cape Town where photography permits are not required. Certain parks and public spaces allow photographers to shoot without needing to pay fees, as long as the shoot is low-impact (e.g., no big equipment setups).
- Use Friends’ and Acquaintances’ Properties
- Private Homes and Gardens: Ask friends, family, or acquaintances if you can use their homes or private spaces as a location. This gives you creative freedom without the added cost.
- Private Rooftops and Balconies: Private rooftops or terraces can offer beautiful city or mountain views for free.
- Minimal Gear Setup
- No Commercial-Looking Setup: Many location fees are triggered when authorities see a large setup (e.g., lighting rigs, tripods, multiple assistants). Keep your gear minimal, such as using handheld cameras or portable reflectors.
- Small Crew: The fewer people involved in the shoot, the less likely you are to attract attention and have to deal with permits or fees.
- Utilize Free Permit Days
- Special Events and Celebrations: Some locations might offer free access during certain public holidays or events. Keep an eye on local events in Cape Town that could provide access to certain areas without fees.
- Work Around Permit Requirements
- Casual or Documentary-Style Shoot: Some shoots are classified as “non-commercial,” especially if you’re shooting in a style that resembles casual or tourist photography. These may not require any permits or fees.
- Book Shoots as “Personal”: Label your shoot as personal (e.g., engagement photos, family photos), which often doesn’t attract location fees like commercial shoots do.
- Choose Lesser-Known Locations
- Hidden Gems: Avoid popular spots like Table Mountain or Camps Bay, which often require fees, and opt for lesser-known locations that are equally beautiful but less regulated.
- Research Secret Spots: Explore areas that are more off the beaten path, such as secluded beaches, mountain trails, or even small townships with unique character.