saycheese Loc: By the Big Lake in West Michigan

Beautiful shots.Glad you didn't get hauled off to the slammer because someone was in a snit.I mean,couldn't they see your camera?? Thank heavens the police person was cool.

mooseeyes Loc: Sonora, California

Snowbird, let me first say that these are all stunning images. Absolutely wonderful in all respects, except one. That one thing being how they were obtained.

I offer the following in the spirit of being truly helpful:

"Photographer's Legal Rights Card

Photographers have a right to photograph public activities
that occur in a public space, or which are photographed
from a public space. This includes but is not limited to
sidewalks, streets, public transportation systems, plazas,
parks, and other places that the public is allowed to be.
Attempts to prevent this photographer from exercising
these rights may subject you to criminal and civil penalties
for harassment and coercion."

I have a few thoughts on this question, that in the interest of keeping photographers out of trouble, I will now share. But, before doing so, let me share with those who might wish to argue and dispute my comments, upon what I base my comments. There are three basic components to my thinking: 1. The use of common sense of human nature. 2. My law degree. 3. My over 25 years of courtroom experience, both as a trial lawyer and a judge.

Let's begin first with a close look at the language of the "Photographer's Legal Rights Card". First viewed by most property owners, is this a "warm fuzzy", or would it likely be seen as a threat? This is in fact an expressed threat. Does this language contain any expressed substantiating authority? No. More importantly, is this card correct in its statement in all circumstances, in all jurisdictions? Absolutely not. Will the showing of this card be dispositive on the spot. No, not in all cases. Is it possible that a photographer could be arrested, notwithstanding the language contained in this card? The short and real world answer is a resounding yes. What do I suggest should be done with this card? Take it out of your wallet, leave it at home. . .and start using common sense.

Now, I will set the stage for how common sense and good manners work much better for the photographer. Begin by putting yourself in the shoes of the property owner. You look out and see someone taking photographs of your property. They appear to have some serious equipment, including maybe tri-pod, ladders, big cameras, and obvious long focal length lenses. This person or persons are photographing your property. What would you think? We all know the answer to this question. Would you be inclined to tell the photographer(s) to stop and leave? Would you place a call to local law enforcement? You might do these things, and maybe with good reason and cause. If local law enforcement is called, how likely is it that they will take you into custody? More likely than you might think, particularly if when asked to leave you wip out your handy-dandy worthless "rights card" and proceed to either lecture the officers on your rights and/or argue with them. Is it at all likely that the officer can find some reason to take you in, letting the court sort things out? Without a doubt.

Now where are you? You now have to hire a lawyer. You go to court. Will you win? The answer to this question is about as sure as a flip of a coin, in the real world. What happens if the court finds you guilty of some minor charge, regardless of your argued photographer's rights? Are you going to throw more good money after bad by filing an appeal? What are your chances of winning on appeal? I submit that in the real world, it is yet another flip of a coin, only it being a really expensive gamble. Can any of this happen? Depending on factors that you have no control over, and how the system really works in the real world. . .you bet it can!

Now it is time to take this subject and relate it to what happened to the OP of this thread. Did he get lucky? You bet he did. Did he fail to use common sense and good manners? Absolutely. Here is exactly how I would have proceeded. I would have first and foremost gone and knocked on the property owners' door. After introducing myself and likely offering my photography business card, I would explain what I would like to do, and politely ask the property owners for their permission to proceed. I would further assure them that I would not comport myself in any manner that would in any why bring harm to them or their property. In my personal experience, the property owners will more than likely give their blessing and permission; however, if they should decline your request, you thank them for their time, and you leave. There is not any image worth the risk of what could happen to the photographer, in the real world.

Finally, in this particular case, if given permission and the blessing of the property owner, you come back later with a few nice prints for them of what you photographed on their property. Now you have made a new friend. Also, you have a great resource available to you next year as well, likely to the exclusion of others. Be respectful and polite by always stopping in to say hello before doing any shooting upon subsequent visits to photograph who might later be living in this tree.

snowbird Loc: Indialantic FL /Lakewood NY

I apprciate you taking the time to provide your thoughts and advice. When the young man first came out I showed him the owls which I believe were on public property next to the street and explained that I do nature photography as a hoby. He then took pictures of the owls with his phone. I did not feel that I needed pemission to take photos on public proprty of birds on public propery, but will follow your advice in the future.

JerrysPhotos Loc: Arkansas

Excellent shots..... Beautiful birds....