A quick question about shooting on private property?

Downs Photography wrote in post #12009888
...I will stick to New Orleans spots/parks. When people shoot in that area they get business....

There is an easier and legal solution. Just call first and get permission.

Thanks everyone. First thing monday I will call

Downs Photography wrote in post #12010031
Thanks everyone. First thing monday I will call

That's the solution! It's funny, you can take pics all day long, but if you go on private property, or sometimes on government property, rules can apply and you have to have a "heads up".

tonylong wrote in post #12010413
That's the solution! It's funny, you can take pics all day long, but if you go on private property, or sometimes on government property, rules can apply and you have to have a "heads up".

Yeah I agree

yea

TheBurningCrown wrote in post #12009877
I've also been threatened several times for shooting in public spaces which were actually private property. Response (both yours and theirs) greatly depends on the circumstances.

We all complain when we get challenged on the spot that we chose to use for shooting. I don't see how circumstances can dictate whether you should be able to shoot. If you are on private property, you are not allowed to shoot without permission. That is pretty black and white.

SkipD wrote in post #12009954
It's entirely possible that you were mistaken for a "professional" photographer because of the appearance of your equipment, and I can definitely see why they don't want folks to be using their property in a money-making endeavor without at least getting permission.

Let's not be fooled here, the OP is portraying himself as a professional and it doesn't matter if he is employed full time elsewhere and only does this as a side occupation. Certainly the gear one uses is a good indication to others but his website also tells me that for all other indicators he is marketing himself as a professional. Granted those kicking him off private property won't know what this looks like at the time but if charges were ever filed this would certainly come into play.

I can appreciate how we all get fooled into a false sense of security by doing things others have done. If this area has been traditionally used by others without problems then I too may have used it. There are some locations that just provide that look we like. If one was shooting this for images that were going to be used for a portfolio it may have been over used but how many couples get together and compare their albums and express dislike over the location because someone else also had their shots done their. We all like to be unique but it is inevitable that locations that provide a good background will be used repeatedly by many different photographers.

Imo, this should be covered off previous to the day in a contract. This was covered recently in this thread. It is unfortunate that you got approached the way you did but when someone from this property tells you to cease and desist that is what should happen. I have to wonder what your client thinks when you stand up and say "Call the cops". Would it not be better to just move on to somewhere else and do exactly what you are planning on doing and get the clarification from the appropriate persons at this venue. That is an answer that I am interested in seeing as well.

It looks like private property to me. Pretty much all shopping centers (and, btw, most properties that anyone besides the city/state owns) are private property.

The police couldn't ask you to leave because they need someone responsible for the property to ask you to leave. A shop owner or a random person cannot make you leave or stop taking pictures. Just like the police cannot make you leave since you are not doing anything unlawful. If security or the property owner/manager asks you to leave or stop taking pictures, then that is a different story. Although they can't call the police to get you stop taking photos; they can call them to ask you to leave. And more than likely, they will issue you a trespass warning so you cannot return.

A tourist or shopper with a P&S could take pictures there all day long without being disturbed...

CalPiker wrote in post #12018747
It looks like private property to me. Pretty much all shopping centers (and, btw, most properties that anyone besides the city/state owns) are private property.

The police couldn't ask you to leave because they need someone responsible for the property to ask you to leave. A shop owner or a random person cannot make you leave or stop taking pictures. Just like the police cannot make you leave since you are not doing anything unlawful. If security or the property owner/manager asks you to leave or stop taking pictures, then that is a different story. Although they can't call the police to get you stop taking photos; they can call them to ask you to leave. And more than likely, they will issue you a trespass warning so you cannot return.

this isnt entirely true, most of it is. But if a shop owner asks you to leave the area in which their shop is situated its no different than if the actual owner asks. This is because that shop owner or employee has control over that said property. (i worked retail investigation so im used to doing this)

on a side note, we have parks here in Oakville where you need a permit to shoot. I go there on occassion (not to shoot) and watch wedding photogs do their thing

SkipD wrote in post #12009954
The fact is that you were on privately owned property and the owner of the property can set the rules.

The solution is to contact the property owner and get written permission to use the land for your photographs (assuming the owner is willing to let you). If you're shooting for personal reasons and not for hire, letting the owner know that would go a long way toward your getting the needed permission.

It's entirely possible that you were mistaken for a "professional" photographer because of the appearance of your equipment, and I can definitely see why they don't want folks to be using their property in a money-making endeavor without at least getting permission.

And having the right kind of liability insurance.

This is actually interesting. As the OP said the person that asked him to stop shooting came from the other side of the water. The stores usually rent spaces within shopping centers which include the area in front of the store.

If I have three rental houses and someone sets up on the lawn of house A and starts shooting and the tenant of house C comes out and demands they leave, you aren't obligated to even acknowledge them. They have no say what happens on that particular piece of property.

It may not be as black and white as it seems....

If its private property then its just that.

alabama1980 wrote in post #12026586
This is actually interesting. As the OP said the person that asked him to stop shooting came from the other side of the water. The stores usually rent spaces within shopping centers which include the area in front of the store.

If I have three rental houses and someone sets up on the lawn of house A and starts shooting and the tenant of house C comes out and demands they leave, you aren't obligated to even acknowledge them. They have no say what happens on that particular piece of property.

It may not be as black and white as it seems....

It's a little different for retailers. I'd be surprised if they didn't sign something like a "common good" agreement whereby all renters have an obligation to abide by and uphold the Leasing Companies rules.

Sometimes it's not just a matter of law but respect for the privacy of others. If a succession of strangers came on to my property to take pictures and became awkward when I asked them to leave, I wouldn't be happy.

There are plenty of places to take photographs so why antagonise people? Also bear in mind that the police have more important work to do than dealing with people who just feel like acting awkwardly.

David

Downs Photography wrote in post #12009817
... They had no information or signs saying it was private property ...

Do you have signs in front of your home that say "Private Property?"