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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 25 Oct 2011 (Tuesday) 14:51
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Photography etiquette

 
Wilt
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Dec 29, 2013 21:44 |  #31

Dan Marchant wrote in post #16560686 (external link)
Take a few steps onto the public sidewalk however and you are free to photograph their building as much as you want. .

...you can photograph for your own purposes, but you cannot use photos of their building commercially (to promote your own business, nor sell rights for use by others to promote their businesses), without a property release.


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Dan ­ Marchant
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Dec 30, 2013 20:12 |  #32

Wilt wrote in post #16563123 (external link)
...you can photograph for your own purposes, but you cannot use photos of their building commercially (to promote your own business, nor sell rights for use by others to promote their businesses), without a property release.

Yes you can. There is no law or established precedent that supports the concept of a property release for physical property such as buildings.

"Property" releases were actually related to intellectual property such as Trademarks - people who didn't understand the law became confused and thought they related to physical property. Dan Heller does a good job of explaining the mistaken origin of Property Releases at his blog http://danheller.blogs​pot.hk …about-model-releases.html (external link) (scroll down to Fact #4).

Also photography lawyer Caroline E Wight also has several posts on the topic, including this case which actually came to court http://www.photoattorn​ey.com …use-for-an-advertisement/ (external link) where a company did exactly what you are saying they can't do (used the image to promote their company).


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MattPharmD
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Dec 31, 2013 09:27 |  #33

Though legality and ethics are not the same thing... I do want to point out something regarding trespass in the US.

If the area is accessible to the public, the owner of the property or their representative (security) must ask you to leave before having you arrested for trespassing. I believe this is why some states actually call this charge "Remaining when Forbidden" where trespassing is somewhere you shouldn't have been in the first place.

Also want to second the note about property releases. If you really had to have one, cityscapes would never be sold.

On a general note about etiquette. I think that a little politeness will get you far. I like taking pictures of old churches and historic sites, but these are often privately owned. I use our states property assessor's website to find owners of property and have yet to be turned down after asking if I could take pictures. I have found this also works for getting really good spots to take landscapes from since we have a lot of privately owned farmland in Tennessee.


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Echo ­ Johnson
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Dec 31, 2013 19:36 |  #34

Dan Marchant wrote in post #16560686 (external link)
Public accessibility is irrelevant - owners of private property have the right to say what you can or can't do on their property and ask you to leave if you don't obey (or call the police and have you arrested for trespass). However you are free to do what you want until actually notified. There is no blanket legal ban on photography (or anything else legal that does not cause damage) on private property. They have to actually notify you, either in the form or a posted notice or in person (the guard).

Take a few steps onto the public sidewalk however and you are free to photograph their building as much as you want. In addition any photos you did take on private property, prior to being stopped, would be yours and they would have no right to demand that you delete them.

For those on the other side of the pond, it's much the same in the UK (or at least England & Wales, can't say anything about Scotland).

A public place (anywhere the public has access to, for free or on payment) can still be private property. The owners of the property can forbid certain activities, such as photography, on their property. Similar to the States, they cannot stop you photographing their property if you're not on it.


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tonylong
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Jan 01, 2014 23:03 |  #35

PrinceAbubu wrote in post #16556841 (external link)
Bump!!

Just want to know what are the general rules when doing city photography? I mean when you are in the middle of the working day and people are out and just doing there own thing. I kinda like doing photography of people emotions. i want to capture what their face is trying to portray but not sure if I am breaching some ethical laws.

For sure i wont do it on a beach hehehe. But more of just capturing peoples emotions...

When you ask about "rules", are you asking about "laws" or about what the "community" of photographers consider "etiquette"? There is a difference in the laws from one locality to another. In most "Western" civilizations I believe the laws pretty much mirror those what we find in the US, which is that you can freely take photos from public property, although we have seen instances where photogs have been stopped, for instance taking photos of police actions. Another instance I've seen is where a photog was photographing some girls who had left a bar and drunkenly passed out on the pavement, and the cops stopped the photog. But I don't know how "legal" that was.

When it comes to ethics, well, you won't find agreement on that because, well, there really isn't agreement. We see photographers here who have a problem with "street" photography because of, well, the variety of conditions you see out on the "streets", but I've done my share, and others have, and been happy with the results.

And, heh! you mention "beach" photography, but believe me that is an active and popular field, bikinis and all!


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EOS-Mike
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Jan 02, 2014 12:27 |  #36

I grew up in Southern California as part of the surfing community. It was (and still is) considered very standard in surf photography to shoot a few pics of girls on the beach to include in your photo essay, article, film, etc. I tried it a couple times, but I just can't really do it (point my camera at women in swimwear). I guess it's just a weird thing for me.

Now, if someone points a camera at me I always go for it. I don't care if I'm out of shape, receding hairline, big belly, bad hair day, etc. Doesn't matter to me. Go for it. I don't care if people show me at my worst or my best. I just like pictures for the memories they capture.

Here's me, ready for the picture.

IMAGE: http://fairbanksfamily.smugmug.com/Family/Mike/i-DKkk7CH/0/L/Mike%201-L.jpg

And here I'm not ready, but I don't care. If someone puts this online it won't kill me (oops, I just did).

I am eating chili after breaking my finger in a neighborhood football game. I was in pain and hungry. I wasn't about to go to the doctor yet (because I was hungry). Eventually I had to visit the orthopedic surgeon.

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Photography etiquette
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