Your Right To Take Pictures (in the USA)

Great articles/links..... They do open your eyes to some interesting points

LOL Scott, the author must have had you in mind when he wrote the article. Read the article. I think you'll be amused.

PacAce wrote:
LOL Scott, the author must have had you in mind when he wrote the article. Read the article. I think you'll be amused.

I was amused, but then took it seriously at this sentence from the article:

Yup, makes sense.

I'm off to the mall...

That's what I gather, though I've seen many malls that state "no photography". I'm sure that there are precident cases for this issue. May even be some jurisdictional regulations.

The right or implied right to privacy is a separate issue from copyright law. Copyright law prevents you from using the proprietary logos, images, and such of others for financial, tangible or intangible personal gain (an example of intangible gain would be using someone's copyrighted logo to falsly imply some type of association between yourself and that logo that might boost your own reputation).

You certainly can photograph race cars, and you can post images of them on free web sites, or share prints with whomever you please. But if you intend to sell them or use them in a publication, you must gain permission from the proper authority. Use of the images for news allows some exception, and there are also some exceptions where the logo appears in a secondary, unrelated position in an image (though publishers wouldn't print an image of, say, Martin Sheen with a Ford logo in the background without gaining permission from Ford). But for the most part, freedom to photograph doesn't allow freedom of copyright infringement.

Well stated. Thanks Tom.

John Moore

Right of trespass? I seriously doubt it. I'm a surveyor and my job has a necessity because of finding adjoining property corners that we trespass, but we cannot get a right-of-entry law with prior landowner notification passed in my state. Farmer lobbyists get in the way of it's passing.

Trespass laws, as most laws, are governed by individual states. If what that article said was true, then all our survey crews are photographers! lol

As for that Photographer's Right document - that is one attorney's interpretation. As for the Bill of RIghts - just like you have the right to free speech, you also have the right to be arrested after you make that speech - like saying you want the President of the US killed today or trying to encite a riot.

Anyone can draft a document and keep it with him, it doesn't mean that anyone has to believe or agree what you have is valid. Most places would call the police if you wouldn't leave as I would if I had property that people wanted to photograph and they wanted to enter when I didn't want them to.

It's illegal to yell "FIRE" in a crowded movie theatre, yet it's perfectly okay to yell "MOVIE" in a crowded fire house.

Odd...

Steve

Are crowded fire houses all that common?

Unless, of course, the movie theatre is actually on fire! But I'd probably get to the exit first before yelling fire, being the self-preserving type that I am.

If you just do the delete all feature and have the proper software, you can always recover the images back as long as you didn't take another photo on that same card. I know Lexar, with their pro cards give you that ability which is very nice to have.

Most people in positions of "power" or who think they are in positions of "power" will use their implied "power" to try to make themselves feel better at your expense. Once you show a knowledge of the situation beyond the person with "power," that person usually backs down because they know they have entered a situation on false pretenses. Usually no one has any right to hassle you about anything. And yet, they get away with it because the people getting hassled tend not to know any better, and that sort of ignorance is what people who are actually in positions with little or no power, feed from.

Big_B wrote:
Are crowded fire houses all that common?

Dunno about in Merrie Olde, but over here many fire companies are volunteer organizations and they hold Bingo games as fund raising efforts. Crowded? You bet!

It's ill-advised to make the assumption that the person challenging you doesn't know what he's talking about, simply because you have an article, that you got off the internet, in your pocket...

Steve

If I interpret you correctly, you are saying there is a bit of Barney Fife in many of them. I agree, and I agree with your point that responding to them with something in black & white (or color ) will probably back them off a bit.

For me, the biggest point is knowing the limits of their ability to take control of your equipment or your images. If they want to eject me from the property, that is one thing - but my equipment is my private property, and what I'm seeing is that I don't surrender all of my rights just because I might have trespassed on the private property that they are guarding.

Have Fun,

I wouldn't advise getting in their face, but I also wouldn't presume that everyone with a uniform and/or a badge has a degree in law enforcement either.

Here in Maryland, a man was taken to jail and arrested for presenting a legal tender 2-dollar bill at a local Best Buy - 'nuff said?

Have Fun,