Am I being unreasonable?

[ggeen]

The answer is probably yes. The story is a friend asked if I would take their family portrait. They know that I am an amateur photographer and they like my work. The mom decided that she wanted the photograph taken by an old red barn she found out on a country road. I asked if she had permission from the land owner. I got a blank stare.

Is it unreasonable for to make sure the land owner approves? I'm a CHL and I do not need to be picked up for criminal trespass just because someone wanted family photos.

[mmuhlenkamp]

If it's obviously on someone's property (you know, fence and stuff) I don't think it's unreasonable at all. If it's out in the middle of nowhere and there doesn't seem to be a person to really contact and ask permission from you're probably okay. It's good to seek permission though, especially in a state that allows you to shoot trespassers.

[KenJulio]

Since you have the gut feeling in asking, it doesnt hurt to ask, as it will give you piece of mind. If the answer is no, then possibly work out a deal with the landowner for them to be compensated

[camera shy]

I don't think you are being unreasonable.

I would call the police if someone came into my back yard and started taking pictures next to the pond.

[bryanlindsey]

Originally Posted by mmuhlenkamp

if it's obviously on someone's property (you know, fence and stuff) i don't think it's unreasonable at all. If it's out in the middle of nowhere and there doesn't seem to be a person to really contact and ask permission from you're probably okay.

+1

[hue-e]

I would ask... I was scouting cemeteries not to long ago for a shoot and found this very secluded one on google maps, and found it to be on private property.

after a long drive and quite a bit of research trying to find the owners, I was able to have the question passed to them, with a return of, "no, we're not comfortable with that."

my first instinct was to treck down a long stretch of railroad tracks to get to the cemetery (which it was right along), but I'm glad I didn't. that place was on lockdown and I'm sure I would've gotten at least a 12 gauge shoved in my face for being there.

[BethG]

You're not being unreasonable...who wants to spend Christmas with the police!

[Atfulldraw]

No.

but they are by asking you to do it.

[DEMDeepEllumMusic]

Cemetery Access
As to the barn shoot you may be able to go to county records to find out the owners name of the property if you have an exact address and then try calling them and explaining what you want to do. If they have livestock around they probably won't offer access (liability of you being chased by a cow or even a goat or two) but if they are just growing crops nearby you may get access if there is a gate nearby (where you don't have to jump the fence). So find out the address and check that counties website to see if they have a database on property and the associated taxes which would list ownership.

[JohnT]

You're not being unreasonable. You're being ethical.

[texkam]

You're not being unreasonable. You're being ethical.

Exactly!

[venchka]

Originally Posted by hue-e

I would ask... I was scouting cemeteries not to long ago for a shoot and found this very secluded one on google maps, and found it to be on private property.

after a long drive and quite a bit of research trying to find the owners, I was able to have the question passed to them, with a return of, "no, we're not comfortable with that."

my first instinct was to treck down a long stretch of railroad tracks to get to the cemetery (which it was right along), but I'm glad I didn't. that place was on lockdown and I'm sure I would've gotten at least a 12 gauge shoved in my face for being there.

Read the Texas Cemetary Access law. While you have the right to visit, the owner can set the time. Which may be the Twelfth of Never. Best to leave it alone.

[wclavey]

Originally Posted by venchka

Read the Texas Cemetary Access law. While you have the right to visit, the owner can set the time. Which may be the Twelfth of Never. Best to leave it alone.

Actually, the only thing the owners of the property may dictate is the route of ingress & egress. In regard to time, the law simply states that "the right of access extends only to visitation during reasonable hours..." It also states that it is for the "purposes usually associated with cemetery visits" which is probably where most of us who shoot cemetery pictures would probably get hung up... While I may consider it "usual" to take pictures in a cemetery, the private land owner may not...

[ggeen]

Hello guys. Thanks for the feedback. I will ask for the location of the site. Maybe I can find out the owner and ask permission. I told the mom that I would not pursue the session until after Christmas.

As for being ethical...Dang it! That always happens to me. Besides, I would like to keep my forensic certification. Getting busted is a sure way to lose it.

On a side note, I wish I could talk them into letting a pro take the photos but I know that money is tight. The filed for bankruptcy this year when her husband was out of work for four months. He is working again but they lost their house to foreclosure.

God bless you all and I hope everyone has a happy and safe Christmas and New Years. I'm on call for amateur night so I won't be going out New Years Eve. :(