Library of Congress Final Rule on Photography Premises
Summary
The Library of Congress is issuing a final rule to amend its regulations on photography on Library premises. The rule updates terminology, establishes a permit process for formal photography for personal use, and clarifies photography requiring permission from the Director of Communications.
What changed
The Library of Congress has issued a final rule amending its regulations concerning photography on its premises, effective March 19, 2026. The amendment introduces updated terminology and establishes a new permit process for "formal photography for personal use," which is defined to include posed or staged sessions, engagement/wedding photography, modeling shoots, and non-commercial content creation. The rule also clarifies which types of photography require explicit permission from the Director of Communications.
Regulated parties, primarily visitors engaging in photography, must familiarize themselves with the updated definitions and the new permit requirements for formal photography. While the rule aims to enhance safety, protect collections, and prevent disruptions, individuals planning specific types of photography should consult the revised regulations to ensure compliance and obtain necessary permissions. Failure to comply with directions from Library personnel or U.S. Capitol Police could result in enforcement actions.
What to do next
- Review updated definitions for "formal photography for personal use" and "informal photography for personal use".
- Determine if planned photography activities require a permit under the new "formal photography for personal use" category.
- Obtain necessary permissions from the Director of Communications for photography requiring explicit consent.
Source document (simplified)
Content
ACTION:
Final rule.
SUMMARY:
The Library of Congress is issuing this final rule to amend its regulations regarding photography on Library premises. This
amendment updates terminology, institutes a permit process for posed, staged, or otherwise directed or organized photography
(now defined in the regulation as “formal photography for personal use”), and clarifies the types of photography that require
permission from the Director of Communications.
DATES:
Effective March 19, 2026.
FOR FURTHER INFORMATION CONTACT:
Terri Humphries, Special Assistant, Library of Congress Office of the General Counsel, (202) 707-6316, thum@loc.gov.
SUPPLEMENTARY INFORMATION:
The Librarian of Congress is authorized to make regulations with respect to the Library of Congress (2 U.S.C. 136). Since
neither the
Federal Register
Act nor the Administrative Procedure Act has binding effect on the legislative branch, the Library of Congress is not required
to publish its regulations in the CFR. However, because the purpose of the CFR is to “notify industry, general business, and
the people” (Toledo, P & W.R.R. v. Stover, 60 F. Supp. 587 (S.D. Ill. 1945)), it is appropriate for the Library to continue publishing those regulations which affect
the rights and responsibilities of, and restrictions on, the public.
The Library of Congress is responsible for establishing standards and regulations for the physical security, control, and
preservation of Library collections and property, and for the maintenance of suitable order and decorum within the Library
of Congress (2 U.S.C. 141b).
Consistent with that responsibility, the Library is amending this regulation to enhance the safety of persons who use Library
facilities, to protect Library collections and property, and to prevent disruption of the conduct of official business and
of the timely and effective provision of Library services. This amendment updates terminology, institutes a permit process
for posed, staged, or otherwise directed or organized photography (now defined in the regulation as “formal photography for
personal use”), and clarifies the types of photography that require permission from the Director of Communications.
List of Subjects in 36 CFR Part 702
Libraries, Federal buildings and facilities.
Final Regulation
In consideration of the foregoing, the Library of Congress amends 36 CFR part 702 as follows:
PART 702—CONDUCT ON LIBRARY PREMISES
Regulatory Text 1. The authority citation for part 702 continues to read as follows:
Authority:
Sec. 1, 29 Stat. 544; 2 U.S.C. 136.
- Section 702.4 is revised to read:
§ 702.4 Photographs.
(a) Scope. This section establishes rules for photography on Library of Congress premises. The section applies to all photography, videography,
and filming activities through any device or technology.
(b) Directions. All photography on Library premises must comply with all posted signs and rules of behavior that the Library may prescribe
and all persons involved in the photography must comply with all directions from Library personnel and U.S. Capitol Police
personnel.
(c) Definitions. (1) For purposes of this section:
Formal photography for personal use includes posed or staged individual or group portrait sessions, engagement or wedding photography, modeling shoots, graduation
or other special occasion photography, non-commercial content creation, or any other photography involving directing or organizing
subjects. The photographer may be paid or unpaid. The resulting photographs are for personal, non-commercial use.
Informal photography for personal use is spontaneous casual tourist photography of the kind a typical visitor engages in and does not involve any supplemental equipment.
The resulting photographs are for personal, non-commercial use.
Supplemental equipment is any photography enhancement equipment beyond the single device capturing the images. It includes, but is not limited to:
any form of supplemental lighting, light sources, modifiers, stands; handheld or other external microphones, recording, or
sound equipment; props, costumes, backdrops; tripods or other devices that rest on surfaces or permit separation between the
photographer and the photographic equipment; or any other specialized or professional equipment.
(2) The determination of whether photography is “formal,” “informal,” or “spontaneous” as used in this section is at the sole
discretion of the Library.
(d) Formal photography for personal use. Formal photography for personal use is permitted only during specific times and in specific locations that the Library may
prescribe. Individuals or groups wishing to engage in formal photography for personal use must request a permit through the
Library's photography permitting system. The Director of the Center for Learning, Literacy and Engagement, or designee, is
authorized to grant or deny permission for formal photography for personal use and may set the conditions under which the
photography may take place, including limited use of supplemental equipment. Photography sessions may be subject to cancellation
by the Library for reasons including, but not limited to, closure of Library buildings for
inclement weather, maintenance or security emergencies, or special events. Library users can request a permit at: *www.loc.gov/visit/photosessions.*
(e) Informal photography for personal use. Informal photography for personal use does not require a permit or specific permission, provided that all such photography
must be conducted consistent with § 702.2 and other applicable regulations in this part.
(f) Spontaneous photography of matters of public concern. Spontaneous photography of matters of public concern does not require a permit or specific permission, provided that all such
photography must be conducted consistent with § 702.2 and other applicable regulations in this part.
(g) All other photography. All other photography requires specific permission from the Library of Congress Office of Communications. This includes, but
is not limited to, photography for commercial, promotional, or news purposes via television, online, or other media channels;
photography involving significant supplemental equipment; or any photography involving use of the Library name, seal, logo,
staff, or collections. Requests for permission must be made at least one week prior to the proposed photography. The Director
of Communications, or designee, is authorized to grant or deny permission and may set the conditions under which the photography
may take place, including conditions for cancellation. Contact the Office of Communications at news@loc.gov.
(h) Violations —(1) Immediate termination. The Library is authorized to immediately terminate any photography on Library premises that disrupts or interferes with other
people's safety or access to Library buildings or collections, or otherwise violates this part.
(2) Barment. Any individuals or groups who violate any provision of this section may be subject to the penalties described in § 702.14,
including removal from Library premises and prohibition from further use of Library facilities.
Dated: March 12, 2026. Robert R. Newlen, Acting Librarian of Congress. [FR Doc. 2026-05430 Filed 3-18-26; 8:45 am] BILLING CODE 1410-10-P
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