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Street Photographer Civil Rights

This is a discussion on Street Photographer Civil Rights within the Open Talk forums, part of the General Information category; I love Architecture photography and Street photography. I live 5 minutes from downtown and often walk around to take pictures ...

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Street Photographer Civil Rights - 01-19-2007, 02:18 PM


I love Architecture photography and Street photography.

I live 5 minutes from downtown and often walk around to take pictures of people/buildings. If a pedestrian politely asked me to not take pictures of him/her I almost always delete it.
But I have been "stopped" numerous times by either a security guard or a police officer to ask "what are you taking photos for?"

The most recent incident was by UH-Downtown, I was taking a picture of one of the buildings and the cop stopped me.

What is the right thing to say or do? I KNOW I CAN TAKE PICTURES OF ANYTHING AND ANYONE IN PUBLIC AREAS. But I don't want to be asking my wife to bail me out either.
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01-19-2007, 02:26 PM


Someone on here has a link to the Photographers Rights page where you can print out a page on what is legal to shoot and what is not. This was prepared by an attorney. I'm sure someone will come in with the link.

I am a street shooter too, and for the last few years I have been stopped quite a bit by police officers and security guards. For the most part, I hand them a business card, tell them what I am shooting and usually that is enough. A few times I have been hasseled, but that is the exception rather than the rule.

For the most part, if someone gives me a hard time, I tell them okay and just move along. If I know without a doubt that I am in the right, sometimes I will stand my ground and politely try to explain to them why it is okay for me to be shooting. These problems almost always come from over zealous security guards- not your normal cops. If you take this route be prepared for a confrontation and then it is up to you how far you wish to carry it.

I do not know the link to the photographers rights but I know several guys on here have it, including John Stovall. I'm sure someone will chime in here shortly with it.

EDIT: I think I found it. Try this- www.krages.com/phoright.htm

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Last edited by Rick Waldroup; 01-19-2007 at 02:30 PM..
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01-19-2007, 02:48 PM


Quote:
The most recent incident was by UH-Downtown, I was taking a picture of one of the buildings and the cop stopped me.

What is the right thing to say or do? I KNOW I CAN TAKE PICTURES OF ANYTHING AND ANYONE IN PUBLIC AREAS. But I don't want to be asking my wife to bail me out either.
Odds are if you get stopped by a police officer, he's responding to a call from a "concerned citizen". Answer his questions politely and he'll undoubtedly let you go on about your business. Most policemen know the law. If he suggests you're doing anything illegal, politely remind him that there are no laws restricting photography in public. If he tries to tell you otherwise, you have to decide how far you want to push it. Personally I'm not willing to take a ride downtown just to prove I'm right, so I would be inclined to walk away. But I would also be inclined to call the police dept to lodge a complaint.

In the case of "security guards" who may not know the law and even make up laws out of thin air, I would be concerned about cooperating. As long as you're not on their property they can't do a thing.

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01-19-2007, 03:28 PM


In downtown areas...what exactly is considered private property and what is public? I'm sure the sidewalk is public and inside buildings is private property. That is my guess but what else...?

I printed out the photographer's rights...good thing to have on hand.
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01-19-2007, 03:33 PM


Quote:
Originally Posted by cjphotog
I love Architecture photography and Street photography.

I live 5 minutes from downtown and often walk around to take pictures of people/buildings. If a pedestrian politely asked me to not take pictures of him/her I almost always delete it.
But I have been "stopped" numerous times by either a security guard or a police officer to ask "what are you taking photos for?"

The most recent incident was by UH-Downtown, I was taking a picture of one of the buildings and the cop stopped me.

What is the right thing to say or do? I KNOW I CAN TAKE PICTURES OF ANYTHING AND ANYONE IN PUBLIC AREAS. But I don't want to be asking my wife to bail me out either.
Photographer's Rights...

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01-19-2007, 03:45 PM


I keep that document folded up in my wallet at all times.

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01-19-2007, 04:47 PM


I usually just tell the real police I am shooting for a stock portfolio or an art portfolio, whichever is appropriate at the time (all my pictures, unless I am being paid for a project, are either prospective art or stock).

Id it's a rent-a-cop, I kindly inform them of my rights (if it's visible I can shoot it, as long as I am not trespassing). If they don't like it, I tell them to call the police.

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01-19-2007, 05:06 PM


Quote:
Originally Posted by mobilezen
In downtown areas...what exactly is considered private property and what is public? I'm sure the sidewalk is public and inside buildings is private property. That is my guess but what else...?

I printed out the photographer's rights...good thing to have on hand.
In general. The city (or public property) includes streets and a 5-ft. eavement onto the sidewalk.

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01-19-2007, 05:19 PM


ABout the only thing that you can't shoot is Nuclear Power Plants, and those generally are not downtown, and in Houston you may have some questions about some of the refinery complexes which are not downtown also.

I was given a hastle by an idiot in a blue coat about a week ago because I was shooting a picture of a Pegasus statue that was inside a buildings public area and I was outside on the sidewalk. He said that you can only shoot pictures of the building with the owners permission which is total BS. His brain should be thinking shoot pictures IN the building not OF the building. I just stopped and walked across the street and then shot pics OF his building. The moron had already walked off by the time I got to my spot to shoot.

Heck I had spent the previous 90 minutes shooting with the Earle Cabbel Federal Building in my background with at least 2 homeland security guys right there and with me on at least one shot not more than 5 ft from them and they never said a thing! There were several other photographers there also and none were bothered.

As to people on a public sidewalk they are FAIR GAME but I try to be nice and if they ask I will deleate their pic unless they are a "character" that doesn't look mental.
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01-19-2007, 08:12 PM


Krages also has a book out... "Legal Handbook for Photographers, The Rights and Liabilities of Making Images." I got it a couple of years ago and found it very helpful when I have a specific question about what is and is not legal. It's only $20 retail.

One thing in the book that might come into play when photographing downtown is that "some cities requre permits if you are setting up an extensive set of equipment (strobes, props, reflectors, etc) that might obstruct vehicle or pedestrian traffic or in some way would be " obstructing free passage and access to properties adjoining..."

I guess it is all part of interpretation as to what "extensive" is. If you have a tripod that might be blocking the sidewalk, that could be in violation of the code.

I don't know if Houston has any city ordinances or permit requirements of this nature or not.

Patti
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01-19-2007, 10:22 PM


cj, if they really ask you "what are you taking pictures for?", get some business cards or a sheet made up that explains what you're doing- not just that it's legal, but why you'd want to. Offer to take THEIR picture, for that matter. Now, if they say "You can't take pictures here", that's when you'd want the "rights" page.

The only time I've been stopped downtown was when a security guard told me I couldn't shoot IN the building- he was very polite, and even pointed out that I could take all the shots I wanted OF the building, just not on their property.

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01-20-2007, 12:27 AM


(Not knowing any other part of the incident) The police officer may have an interest in photography and wants to know just like anyone else. Next time ask them to join TPF.

Steve
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