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Question re: Privacy
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Nov 6, 2019 14:36:48   #
LeeK Loc: Washington State
 
While driving up in the hills recently, we came upon this door and facade to a short tunnel. There was actually an identical door on the other end, just 30 - 40 feet away. My question: It was visible from the road but was on private property. I'd like to enter it into a local contest with fairly basic information about where it is taken (off the Blewett Pass road in WA). Do you think there would be any problem with this as far as privacy?


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Nov 6, 2019 14:48:19   #
Scruples Loc: Brooklyn, New York
 
Once you are in the confines of the property lines, you have trespassed. That will cost you more than a photograph. To play it safe, look for ground markers and signs. Stay clear of them - perhaps a hundred feet or so. Then you may be able to take a photo. It's times like these when you need a long zoom lens.
If the shot doesn't work, walk away. Fines and jail time are not worth it.

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Nov 6, 2019 14:59:21   #
PixelStan77 Loc: Vermont/Chicago
 
LeeK wrote:
While driving up in the hills recently, we came upon this door and facade to a short tunnel. There was actually an identical door on the other end, just 30 - 40 feet away. My question: It was visible from the road but was on private property. I'd like to enter it into a local contest with fairly basic information about where it is taken (off the Blewett Pass road in WA). Do you think there would be any problem with this as far as privacy?


As long as you took the image from the road you were not trespassing to take the image. Enter it.

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Nov 6, 2019 15:18:55   #
rmalarz Loc: Tempe, Arizona
 
Probably no problem. Making money from that photograph might present one.
--Bob
LeeK wrote:
While driving up in the hills recently, we came upon this door and facade to a short tunnel. There was actually an identical door on the other end, just 30 - 40 feet away. My question: It was visible from the road but was on private property. I'd like to enter it into a local contest with fairly basic information about where it is taken (off the Blewett Pass road in WA). Do you think there would be any problem with this as far as privacy?

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Nov 6, 2019 16:02:04   #
lamiaceae Loc: San Luis Obispo County, CA
 
LeeK wrote:
While driving up in the hills recently, we came upon this door and facade to a short tunnel. There was actually an identical door on the other end, just 30 - 40 feet away. My question: It was visible from the road but was on private property. I'd like to enter it into a local contest with fairly basic information about where it is taken (off the Blewett Pass road in WA). Do you think there would be any problem with this as far as privacy?


Wild, a private narrow gauge RR or Mine? How do you know it was on private land? The man made structures might be owned by some company with only right of way or easement. Certainly do not enter the tunnel.

Are strange sights like that common in WA? Here in CA any underground bunker is certainly military and trespassing would probably get you shot, not fined or arrested. If you could even get that close to such a location. And the old mine entrances are dangerous.

There is probably little that would happen after you took the photo if no one tried to stop you ahead, but you probably should not use it for commercial purposed. For example in a very different location, in downtown Los Angeles you can pretty much photograph anything you like from the street, especially from across a street, but as soon as you step on the property of some businesses. Say off the public side walk on to their entry way or steps, someone may come out and explain you need a permit from them or at least prior permission. They want control and to be able to make money off others photography, even potentially tourist amateurs. I note, Disney Hall and the corner fountain near Olvera Street across from Union Station are both fussy about even standing there with a camera. They must hire people just to harass photographers.

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Nov 6, 2019 17:13:03   #
tomcat
 
I'd forget about it. It's not an appealing image anyway. From a different angle or with sunrise illuminating the doors, perhaps. But as presented here, it's a boring shot.

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Nov 6, 2019 17:43:26   #
Bill_de Loc: US
 
Entering in the contest should be no problem, as long as you didn't climb any fences or walk past "No Trespassing" signs. There are probably a lot of photos floating around.

Just don't let them know you posted the image on The Ugly Hedgehog. That could land you in the hoosegow!

--

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Nov 6, 2019 18:35:13   #
larryepage Loc: North Texas area
 
LeeK wrote:
While driving up in the hills recently, we came upon this door and facade to a short tunnel. There was actually an identical door on the other end, just 30 - 40 feet away. My question: It was visible from the road but was on private property. I'd like to enter it into a local contest with fairly basic information about where it is taken (off the Blewett Pass road in WA). Do you think there would be any problem with this as far as privacy?


This is a very interesting structure to me, from a railroad perspective. Rather than being a tunnel through something, it appears from what you are showing us to have been constructed over the tracks. It is curious to me that the rails and especially the crossties are in quite a state of disrepair, while the doors and especially the stone wall seem to be well cared for. It seems to be an old engine house or equipment shed rather than a tunnel through a mountain. Standard railroad construction standards would have called on it simply to be removed, not tunneled through.

Standard rules for photographing railroads (at least in the western United States) call for not entering onto private property and staying back at least 25 feet from the closest rail. You appear to have complied with both of those here, along with the standard request not to photograph military equipment loaded on trains.

It appears to me that you are completely in the clear here, unless there are other factors that we are all unaware of, or unless you crossed a fence to get to your photography location. By the way, I've been photographing railroads for over 50 years, with both general permission and specific permission. A situation like this has never created or led to a problem.

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Nov 6, 2019 19:45:20   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
LeeK wrote:
While driving up in the hills recently, we came upon this door and facade to a short tunnel. There was actually an identical door on the other end, just 30 - 40 feet away. My question: It was visible from the road but was on private property. I'd like to enter it into a local contest with fairly basic information about where it is taken (off the Blewett Pass road in WA). Do you think there would be any problem with this as far as privacy?


Problem only if you use it for commercial promotion. In any case if there would be an issue, it would be a civil matter, involving money and NOT jail time. All you need is a property release, which may be easier to obtain that you think.

Criminal trespass rules an consequences vary from state to state.

https://www.bestofsigns.com/blog/no-trespassing-signs-laws-what-a-sign-can-cant-do-in-all-50-states/

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Nov 7, 2019 06:21:03   #
SuperflyTNT Loc: Manassas VA
 
rmalarz wrote:
Probably no problem. Making money from that photograph might present one.
--Bob



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Nov 7, 2019 07:12:22   #
Canisdirus
 
Why is it so difficult to just go to the main entrance ... and ask permission?

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Nov 7, 2019 08:29:48   #
jerseymike
 
LeeK wrote:
While driving up in the hills recently, we came upon this door and facade to a short tunnel. There was actually an identical door on the other end, just 30 - 40 feet away. My question: It was visible from the road but was on private property. I'd like to enter it into a local contest with fairly basic information about where it is taken (off the Blewett Pass road in WA). Do you think there would be any problem with this as far as privacy?


As long as you don't trespass or break the law. Are there any sanctuary locations close by??

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Nov 7, 2019 08:49:04   #
knoxworks Loc: Western Mass.
 
One option is to ask permission. (I realize it might be hard to find the property owner.) A business card is a good thing to have when introducing yourself. If photographing a house, one can offer the owner a free print. Sometimes the owner is flattered.

How you use a photo is an entirely different subject. As an occasional newspaper photographer I had a lot of leeway -- but not unlimited.

This man, Bert P. Krages II, an attorney, has a book called "Legal Handbook for Photographers." Here's his website: www.krages.com. He seems to be an advocate of photographers' rights.

A Google search of "photography and the law" turns up a lot of info.

Good luck!

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Nov 7, 2019 09:13:24   #
B_meyer5.55NY
 
It's not worth pursuing if getting into trouble is over a photograph!!!

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Nov 7, 2019 09:18:01   #
gvarner Loc: Central Oregon Coast
 
We all take photos with buildings in them, either as the subject or the background. I don’t see what the problem would be.

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