[PRCo] Photography__From__Public__Property

Jim Holland pghpcc at pacbell.net
Sun Feb 9 17:22:06 EST 2003


Good Morning!

	Do  NOT  want to start a long thread    ----    just passing
information along.


	Seems many are concerned about:

	1.)--Taking Photos on Public Property.


		This includes Model RR-ers who photograph bridges and other facilities
and have been hassled for the same.

	This URL  ( http://www.krages.com/phoright.htm ) offers a book for sale
((-Legal Handbook for Photographers: The Rights and Liabilities of
Making Images by Bert P. Krages-))    ----    an attorney in Portland,
OR.

	Mr.Krages also has a one page  PDF  file at the same URL which can be
downloaded and printed to be used as a quick reference guide: 
http://www.krages.com/phoright.htm

        Look for the following line at the bottom of the website:

        """Click Here to Download The Photographer's Right in PDF"""


	2.)--Photography on Private Property.......
	.......requires permission of the property owner.


	Included below are two posts from a Photography--Hobbyist which was
posted on a couple newsgroups as background for the above information.

-------- Original Message --------
Subject: I got my film confiscated today
Date: Mon, 27 Jan 2003 04:49:15 GMT
From: "Mike Marty" <mikem at NOSPAM...>
Organization: Prodigy Internet http://www.prodigy.com
Newsgroups: rec.photo.equipment.35mm,rec.photo.digital

This weekend, my wife and I took a little trip to the Twin Cities.  I
had my SLR loaded with Tri-X film and was happily taking pictures the
whole weekend.   On the way back, we came across some kind of refinery
or distillery.  It is an elaborate collection of exhaust pipes and
smokestacks that were billowing out steam and smoke as the temperature
was only about 5 degrees Fahrenheit.  It looked really cool and I
decided to stop and take a picture of it with a dark yellow contrast
filter on my lens.  I got off the highway, and to get a little closer, I
turned onto a public access road.  I got out of the car, snapped a
picture off, and got back in.  Total time: about 20 seconds.  I will
still at least a couple hundred yards away as my 58mm lens had no
problem capturing a large portion of the facility.  The barbed wire
fence was off the road about 30-50 yards.  I saw no warning signs or
anything like that and didn't think anything of it.

I turned around and started to drive away and then noticed security
guards coming from each direction of the access road.  A SUV was quickly
on my tail.  Then the thought finally occurred to my why.  At a stop
sign, he got out and came up to my window and asked if I could pull over
to speak to him.   I agreed and he asked me if I was taking pictures of
the facility.  I said I took one and was just sightseeing.

He then read a prepared statement about the facility being "Tier 1".  He
said I either had to relinquish my film voluntarily, or that I would be
reported to the FBI and subject to an investigation.  I asked him if I
would get the processed negatives back, and he agreed to take my name
and address and send them to me _minus_ any shots of the facility. 
Knowing that I was at the end of my roll and being a little shaky of the
whole situation, I agreed to this.  I asked him what the facility was,
and took his name and number.  Here is the company's website: 
http://www.fhr.com/

I'm not sure if I was being stupid and naive, but I feel rather downcast
about the whole thing.  I just hope I get my negatives back...

Did I break any laws?  I could have taken the same picture, albeit a
different perspective, being farther away with a telephoto lens!

--Mike

-------- Original Message --------
Subject: I got my film confiscated UPDATE:  my story made the paper
Date: Wed, 29 Jan 2003 06:43:13 GMT
From: "Mike Marty" <mikem at NOSPAM...>
Organization: Prodigy Internet http://www.prodigy.com
Newsgroups: rec.photo.equipment.35mm,rec.photo.digital

http://www.startribune.com/stories/462/3620046.html

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Waiting for a bus is about as thrilling as fishing,
	with the similar tantalisation that something,
		sometime, somehow, will turn up. 
			George Courtauld

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James B. Holland

Holland  Electric  Railway  Operation....... 
___"O"--Scale St.-Petersburg Trams Company Trolleycars and...
______"O"--Scale  Parts  mailto:pghpcc at pacbell.net

______Pennsylvania Trolley Museum http://www.pa-trolley.org/
___Pittsburgh  Railways  Company  (PRCo),   1930  --  1950
N.M.R.A.  Life member #2190; http://www.nmra.org

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