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Legally speaking...
Old 06-14-2007   #1
sweathog
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Legally speaking...

So, in a month I'm heading out to Wyoming for a couple of weeks. Now, I was wondering if you lovely chaps here would be able to help clarify a pressing question for me.

Legally, in the States, what can and can't I point my camera at?

Here in the UK, for example, you are allowed to take a photograph of anybody in a public place (albeit there are some guidelines around this), and most buildings are fair game. I've heard some horror stories from American photographers, but I'm sure that these are exceptions, rather than the rule.

Cheers,
Tom
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Old 06-14-2007   #2
bmattock
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You can take a photograph of anything and anyone you like as long as you are on public property or have the permission of the owner if you are on private property. It is what you do with the resulting photograph here in the US that matters legally.

However, in reality, if you stop by a park and take photos of children playing, their parents will descend upon you in a righteous fury, demanding your film, your camera, your ID, your license plate will be noted, the police will be called. The police frequently don't know the law themselves, you may be arrested.

If that happens, you've got a legal case against them. But it doesn't make it any more fun.

Here is the resource you seek:

http://www.krages.com/phoright.htm

I am not a lawyer, this is not legal advice. However, the one-page PDF file in the above link is written by a lawyer who specializes in this type of law.
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Old 06-14-2007   #3
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I am not a lawyer, but I have been told by one who is, that with rare exception, anything visible from public property is legal to shoot.

It might be prudent, however, to avoid anything related to defense or "critical infrastructure", which really is not defined.

They tell me that when you are on private property, the owners and managers can legally restrict photography if they want.

It might be a good idea to pick up Krages book, which is an interesting read and does appear authoritative on the subject.

The only place in recent history where I've been told to not take photos was in a casino. The guard was very nice and apologetic.

I was warned by a maintenance worker to not take photos in the Chicago subway. I know that was total doodoo. I played dumb and moved on, and continued shooting.

I was warned by another amateur photographer about taking photos of the Las Vegas Monorail, as we were standing there waiting for the train to approach to a good angle. He said that a guard read him the riot act, but there were cameras all over the place.

And then there's "The Bean". I was never able to get confronted myself, but I know that some others were at one time. The story is here rather than to repeat it:

http://omababe.blogspot.com/2007/01/...hing-bean.html

Hope you enjoy it here in the States.
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Old 06-14-2007   #4
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Old 06-14-2007   #5
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Take pictures of what you want. I wouldn't worry about taking pictures of kids playing. People everywhere have strange feelings about being photographed, and in the US at least, that's their problem not yours.

I was told to hide my camera while we crossed a bridge by a taxi driver in New York, but the tour operator on the boat encouraged photography of the structures while we rode under them.

The basic trick is to smile and nod when random people tell you "you can't take pictures of that."

In the US, you can pretty much take pictures of whatever you want as long as the property owner where you are standing doesn't care. The exceptions are certain military installations, and even then, it's not likely you'd get harrassed a block away or even across the street. Any rules restricting photography of public transportation have basically been invalidated across the board. I've freely taken pictures in El stations/subway stations/airports in Chicago, Washington DC, Atlanta, and New York with zero hassle.

The property owner has to notify you if there is a problem with photography in an area; you are under no obligation to assume it's a problem. You can take pictures of private property even if they have a sign stating "no photographs," again, as long as you are standing in an area that is either public or not restricting photography.

I doubt you'll run into anything in Wyoming that would be a problem. Quite to opposite - you'll be surrounded with scenic overlooks. Enjoy your trip, Wyoming is beautiful country and the people are friendly.

Last edited by 40oz : 06-14-2007 at 16:59.
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Old 06-14-2007   #6
giellaleafapmu
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Quote:
Originally Posted by bmattock
The police frequently don't know the law themselves, you may be arrested.
I have no idea of American law but I have an advice for you: whatever happens ask why. I live in Colombia and there are areas here where as soon as you point a camera some "security person" will tell you that you cannot take pictures in that area. If you ask them why or you get you mobile phone and call straight away the police they change version saying that: "People living in that area are rich and concerned about security and don't like if they see other people taking pictures".
If you just go ahed they just tell you: "All right but please be fast". Of course, this does not apply to some special places (some banks and so on) so you might still want to have a precise idea of the law but "autorities" sometimes just try to go to the path of minimal effort and sayign "you cannot" is the easiest way for them to don't get in troubles.

GLF
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Last edited by giellaleafapmu : 06-14-2007 at 17:26.
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Old 06-14-2007   #7
Steve Bellayr
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Everything above is correct. Some museums do have restrictions. When they do it is generally posted. Fllash photography is generally prohibited inside art galleries. All national (US) monuments and sites have been "copy written". This means that they can not be used for commercial purposes without permit. You can take pictures of the police especially those on horse back. It is encouraged. Remember you are a tourist and they want your dollars.
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Old 06-14-2007   #8
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Hmmmm ... that angle looks very familiar.

This one was taken when they first rolled it out, before they filled in the seams to make a smooth surface.
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Old 06-14-2007   #9
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There's no federal law about this, as far as I know, but there might be a Wyoming law. You could check in a guidebook or on the state's tourism website. The Krages pdf noted above is a nice general summary.

In my experience out West, private property is often fenced or posted no-trespassing, technically forbidding access. You'll see this on huge tracts of gorgeous land. But each state has different rules -- for instance, some allow access to and from navigable streams. And usually there's no one around anyway.

I agree with the above advice to stay away from photographing military installations and other people's children. The first is illegal, the second unwise.

Mostly, though, I wouldn't worry. We're a pretty laid back country. If you're a tourist, taking tourist pictures, you shouldn't have any problems. Also, it's a really big state, with not that many people.

Have a great time. -Laura
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Old 06-14-2007   #10
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Quote:
Originally Posted by sweathog
So, in a month I'm heading out to Wyoming for a couple of weeks. Now, I was wondering if you lovely chaps here would be able to help clarify a pressing question for me.

Legally, in the States, what can and can't I point my camera at?

Here in the UK, for example, you are allowed to take a photograph of anybody in a public place (albeit there are some guidelines around this), and most buildings are fair game. I've heard some horror stories from American photographers, but I'm sure that these are exceptions, rather than the rule.

Cheers,
Tom
I am sure the people in Wyoming [both of them ] won't mind, I bet they will be much more laid back than a big city The entire State has less population than many of our big cities. ENJOY the view. It has been many years since I have been in Wyoming the local ranchers were willing to allow us on their land [we were antelope hunting]
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Old 06-14-2007   #11
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My local art museum has a sign just inside each entrance that states, "No Photography."
It's in two languages; English and Braille.
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Old 06-14-2007   #12
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Quote:
Originally Posted by mwooten
My local art museum has a sign just inside each entrance that states, "No Photography."
It's in two languages; English and Braille.
Seeing Beyond Sight - Photographs by Blind Teenagers

"For five years Tony Deifell taught teenagers to take photographs. His students were blind. Unusual as the idea may seem at first, putting cameras in the hands of visually impaired children proved to be extremely fruitful — both for the photographers, who found an astonishing new means of self-expression, and for the viewers of their images, for whom this is an entirely new kind of dreamlike and intuitive creation."

The Press Kit
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Old 06-15-2007   #13
sweathog
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Quote:
Originally Posted by nksyoon
Seeing Beyond Sight - Photographs by Blind Teenagers

"For five years Tony Deifell taught teenagers to take photographs. His students were blind. Unusual as the idea may seem at first, putting cameras in the hands of visually impaired children proved to be extremely fruitful — both for the photographers, who found an astonishing new means of self-expression, and for the viewers of their images, for whom this is an entirely new kind of dreamlike and intuitive creation."

The Press Kit
I'd been meaning to buy this, and promptly forgot, so thanks for reminding me.


Thank you for all of your input, it's very much appreciated. I'm going to try to read some of the reccomended bits from here, and if anybody remembers anything urgent (a tax on RFs, a shoot-to-kill policy on Nikon users etc) then pleasew do tell.
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Old 06-15-2007   #14
bmattock
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Quote:
Originally Posted by sweathog
Thank you for all of your input, it's very much appreciated. I'm going to try to read some of the reccomended bits from here, and if anybody remembers anything urgent (a tax on RFs, a shoot-to-kill policy on Nikon users etc) then pleasew do tell.
You might want to moderate your use of the term "lovely chaps" while there. I don't think it means the same thing in Wyoming as it does in the UK.
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Old 06-15-2007   #15
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I've been reading up on this a little bit after being detained by US Navy security for photographing a fence on a Navy base that doubles a tourist trap in Boston. They never charged me or asked for my film, but kept me for a little while. Do be aware that NOBODY can take your film or camera unless you have been arrested, and in WY there won't be a cop for a long way. You can photograph anything from any public space, period. True sales of those images can be restricted, but for your own use/fine art use you are fine. Don't worry though- I've only been questioned once, and while I do get the occasional strange look or overhear whispering people in the US are generally quite friendly. I would avoid making images of kids, that is a more touchy subject over here, and those kinds of laws are a much fishier kettle of fish.
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Old 06-15-2007   #16
ruben
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Quote:
Originally Posted by sweathog
..........Legally, in the States, what can and can't I point my camera at?

.............. I've heard some horror stories from American photographers, but I'm sure that these are exceptions, rather than the rule.

Cheers,
Tom
Whose law ? Congress laws?, FBI laws? CIA laws? Moral laws? City laws ? Enron laws ?

Today as fars as public knowledge goes, satelites of every sort and different countries are constantly taking pics of us with a resolving power of 0.7meters. Museums don't want you to make pics as they want exclusivity of photo profits. Internet bussiness spionage industry is hiring the best hackers they can afford. Our home computers are exposed to info drain as if we were in a nudist beach.

And then all these guys misusing the privileges of Power, who half or more of their time they dedicate under the table to their small prived un"lawfull' bussiness, beides their formal lawfull unmoral jobs, look at us, honest photographers with our big cameras in the open, and tell us "No Photography".
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Old 06-15-2007   #17
bmattock
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Quote:
Originally Posted by memphis
postal offices are taboo -- that's been a restriction since pre-911 - that's been in place as has military bases and a few other things that you'll not likely encounter - just go and take your pictures....
I don't think photography is forbidden inside or outside US Post Offices. I am aware that many of them have signs stating photography is forbidden - those signs are illegal and cannot be enforced. Military installations are a different story, but even then, I doubt they can stop you taking photos from outside the base.

http://www.shaftek.org/blog/archives/cat_politics.html

However, if one wishes to be safe, it is best to keep the camera in the bag and buy postcards.
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Old 06-15-2007   #18
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Quote:
Originally Posted by bmattock
You might want to moderate your use of the term "lovely chaps" while there. I don't think it means the same thing in Wyoming as it does in the UK.
Now that made me laugh.
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