The Photographers Rights...

[swanny338]

Everytime I post some PJ pictures of fire/crime scenes, I always get asked "Do the authorities have a problem with you taking pictures?" So I enlighten them with the photographers rights... It explains what you can and cannot photograph and how you should act when confronted over taking photos alll on one little page that fits right in your wallet. Obviously it doesnt have all the fine details but it can answer a lot of questions. I always keep it in my wallet just in case.

It can be found at
http://www.krages.com/ThePhotographersRight.pdf
some more info
http://www.krages.com/phoright.htm

[soundbelly]

This is excellent information to have and carry. Thanks!

[sbug_adam]

excellent bryant... i think this should be a sticky!

Adam

[Ph0t0g]

The list is a good general guidline. But by all means think before jumping into something. Most times even where it appears you are completely right you need to make a decision if the picture your trying to get is worth the possible legal repercussions. We all know of at least one officer we have dealt with that has at least 3 or 4 other items he can hook you on while he tries to figure out if he can get you on the one that angered him to begin with.

Still a good list to carry, just think before you jump.

Todd Stricker

[CypressPhotog]

Great info Bryant. Does anyone know if it is illegal to take photos of a federal courthouse when NOT on their property--i.e. across the street on a public sidewalk? Or any federal property for that matter? I've been hassled for this before.
Thanks, Erin

[Patti Edens]

I have Krages book, "Legal Handbook for Photographers, The Rights and Liabilities of Making Images." On page 80 under the Permissible Subjects section, Krages says, "Except for certain defense and nuclear facilities, it is legal to photograph the exteriors of government office buildings and post offices."

I haven't read the whole book yet, but the only thing I've seen that might apply here 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..."

The book is pretty good for only $20 retail. I've gleaned a lot out of it.

Patti

[MarekWK]

so here's not so hypothetical situation: while shooting crowds at outdoor art fests (Pecan Street Festival in Austin, comes to mind), I sometimes focus on specific piece(s) of (so called;) art. I've been asked numerous times for the reason, or even to stop shooting. normally, I just say it's for my own, non-commercial purposes and just walk away. (don't even own 'white' "L" glass... yet). it's just not worth it to get onto heated arguments with these guys who think their designs are being stolen.

however, IF I wanted to be a stubborn chap and continue shooting even when asked to stop, what recourse do I have except to fetch a cop (and mostly 'rent-a-cop at those events) and hope he is somewhat aware of existing regulations.

how about shooting general pics of the bands at those events? keep in mind they are on public property, promoted as family affairs, and there are no cover charges.

- Marek

p.s. never got one bad word for shooting bands... if anything more posing and encouragement from bands' members;~)

[DEMDeepEllumMusic]

In reguards to the bands shoot away. Now where things get sticky is if the venue has a no photography allowed on the entrance ticket and posted at the entrance to the event but then they have to enforce it uniformly (except for credentialed press).

I've had run ins with bands who said that pics can not be taken and to be honest I generally just won't shoot them to keep from getting things stirred up but they actually can't say or do a thing to stop you from shooting if it is an open event with other people shooting.Also if the band decides to "take" their pictures from a webpage that you post without your permission then you have copyright laws in YOUR FAVOR and you can get major damages. (actually had a run in with a band that lied and said that I had sent them the pictures to use. I had to show them the law and how it was in my favor before they would pull the pictures off of their new website-they refused to pay for the pictures that they posted though they thought that they were good enough to basically be over 60% of the pics that they put up) Now the band may have some ability to stop you say from using the pictures for a commercial purpose unless you get a signed model release from each member, this is where things get sticky since you own the copyright to your work but they have rights to their own image UNLESS IT IS AT A PUBLIC PARK THAT IS A FREE SHOW. Then you fall under a paparazi type rule that covers public areas (as long as you are in a public area then you can not be stopped from photographing as long as it does not interfere with national security). See that is where the Federal Building thing comes about since you are shooting the pics from a public sidewalk.

Now as to art works, such as a painting, there is so much garbage going on overseas with counterfitting and the ability to make prints from a photo that I specifically ask permission to take close up shots of artwork from the artists at shows.

Now museums generally have just a no flash/tripod restriction for their collection while most have no photography for special tour collections. I have never had a problem at a museum anywhere in the world following thier basic guidelines.

[mdurisseau]

Originally Posted by soundbelly

This is excellent information to have and carry. Thanks!

I printed it, laminated it, and it's a permanent part of my kit...

[Steelsun]

A UK lawyer did a similiar format for her's, so if you are a traveler to the UK (like me every couple of years), it might come in handy:

http://www.sirimo.co.uk/media/UKPhotographersRights.pdf

[Hanky]

Doe's anyone remember the dude in north Dallas somewhere (one of the small towns) that was arrested at a festival for alledgedly shooting kids? I read this in the morning news a while back. Seems the officer was hell bent on making the arrest because even though the the pictures were not obscene the officer alledged that they could be used to avertise porn sites. The police chose not to review the pictures in the camera and simply charge the guy. I think the d.a. finally let him go.

[DEMDeepEllumMusic]

Yeah all charges were dropped and he was released with hardly any press mention of the release. (there was a thread here a while back covering the topic specifically, never found out if he hired a lawyer to persue false arrest charges or not).

[Cheat213]

I believe that the bottom line is to also ask if you can. Second you may be run off by security! However they do have the right to ask you to leave property if apporiate signage is there I think. I tried looking up texas statues in regards to this. I did not find anything that gives a clear picture. My other suggestion is simply photography whatever you want from the other side of the street if security asks you to leave.

Grant

Security Officer
College Student at Sam Houston State University
CJ Major
Pho Minor

Drunk college student!!!

[acesteward]

Good Information thanks for posting it

[kenw]

Thoughts that the Photographer's Rights sheet of paper will act as a "Get Out of Jail Free" card are sorely misplaced. The cop on the street doesn't know that this piece of paper wasn't something you cobbled up on the home CPU yesterday. He doesn't know Mr Kragen from Santa Claus or the Tooth Fairy.

In fact, he's very likely (and has on at least on documented case I've heard of) to haul you off anyway, and is perfectly within his authority to do so until he figures out what is real. His definition of "acting suspicious" is all he needs.

My personal experience has been that smart cops know the law, and the few idiots (who aren't usually cops) aren't going to be swayed by some piece of paper you wave in their face. Try taking pics of trains in and around Houston immediately after 9-11. You'll meet lots of cops, curious RR workers and just plain nosey and obnoxious idiots (who are neither RR workers or cops).

Bottomline: You attitude is paramount. Know your rights, and for that Mr Kragen's site has value. But as far as printing the "Bill of Rights" to pass out to those you think need some educating, don't bother.