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Photography on Public Land- Town Park
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May 10, 2021 13:10:02   #
forensics7 Loc: Davidson, NC
 
Thank you for the really good feedback. All is good to know. Other than parents with cell phones I have not seen any other photographer with DSLR except for one college girl practicing for a friend. Basically that is what I was there for to get better with sports action shots and get my neighbors 3 kids on 3 teams which I have done. When I started my business the intent was to just make enough to offset my costs- paper-ink etc. So when my neighbor got her 8x10s of her kids others saw it and a couple of other mothers on this team asked for photos and asked how much they owed me. So although there were some money transactions, I don't think I took anything from the soccer club. In fact, their web site said nothing about photography. It did have one comment about asking coaches for photos for the club so they were encouraging that. In fact my neighbor sent a few of my photos of her son to the club. I didn't know that until recently. I think the other reason is the club is trying to protect the kids or from some nut taking them and posting them somewhere they shouldn't. So if that were the case, they would tell all parents on cell phone photography either.

I did have the parent with me when the guy approached me and I told him that. He knew I was only near one field while there were several other games going on. My neighbor said she thinks they are stricter with parents when they have these tournaments, 3 on 3 etc for some reason.
Right now, I think the key is the town rec and what agreement was made regarding the public land. Either way the soccer season is almost done but all this info is good to know as I plan on doing other sports that could involve parks and leagues.

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May 10, 2021 13:12:50   #
lensmaster Loc: Chicago
 
Unless this individual who challenged your photo taking is authorized by the town/village/county to restrict photography (and there has to be a damn good reason why) he has no authority to tell you what you can and cannot photograph.

You were requested by the father/parents of a child to photograph them at a sporting event and the images are for their personal use ONLY....so there should be no restrictions at all.

I've photographed high school sports and grade school sports for years. At the hosting schools and at other locations where games were being held. I believe I had ONE parent challenge me and my response was the photos are for a specific individual, or I am being retained by the TEAM to photograph their members. If they had a problem with that then I suggested they take it up with the local authorities. Meanwhile, get lost (said in a nice way, though).

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May 10, 2021 13:25:44   #
goldstar46 Loc: Tampa, Fl
 
CHG_CANON wrote:
Close your eyes for a moment and imagine the clucking hens of UHH all down at the neighborhood soccer pitch with all their cameras and advice...


========================================

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May 10, 2021 13:37:21   #
lensmaster Loc: Chicago
 
I should also add that I photograph riders (specific riders, and my wife) at horse shows. There IS a show photographer and I always tell them right away what I am doing and that I pose no threat to their business, and that if someone asks me to photograph them I always refer them to the 'real show photographer'.

I've bumped up against show management a few times with them asking me to leave because I am using 'pro equipment' which somehow means I am infringing on the show photographer. I always explain what I am doing and who I am photographing, and that I already talked with the official photographer. Usually that ends the debate, although I've had them send people over to ask me to photograph them, as some sort of a 'test'.

I had ONE show insist I leave or they would have me arrested. I said "fine. I expect you to tell EVERYONE using a IPad or IPhone to photograph/video the riders to stop as well. OR- have Them arrested since they are doing the exact same thing I am, just with a different tool". That ended that conversation.

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May 10, 2021 13:55:13   #
Naldo
 
Naldo wrote:
Some of the most interesting (to me) photos I have ever seen were from times long past. Photos that would likely be disallowed or at least frowned upon by the "behavior police" nowadays who seem to think they need to control everything we think and do and say without their express permission.

One photo I really enjoyed studying was of some inner city children (oh my!) playing in a NYC street on a hot summer day in the 1930s. A water main had burst, and the street was flooded. Most of them took advantage of the impromptu "swimming pool" to have fun and get a little respite from the sweltering summer heat. Photographs of those kinds of moments are priceless captures, forever frozen in time.

Who is anybody to say that the photographer did some kind of wrong by snapping that shot? I think that the people who would find some kind of wrong in it are actually the ones who are wrong-headed.
Some of the most interesting (to me) photos I have... (show quote)


I found it!


(Download)

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May 10, 2021 14:05:01   #
goldstar46 Loc: Tampa, Fl
 
Naldo wrote:
I found it!


=========================


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May 10, 2021 14:20:22   #
Naldo
 
In the NYC street scene photo above, check out the 4th kid in from the left!
Puttin' up his dukes :)

I studied each and every face in that photo some years ago. . . each with their own individual story to tell.

Fascinating. I wonder which if any may still be alive? Further, I wonder if most of them ever even saw the photo.

This is the kind of stuff that's REAL. What a shame it would be if it were never captured because of the "thought police" curtailing everything we do and think.

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May 10, 2021 14:43:48   #
k2edm Loc: FN32AD
 
you can photo anyone/anything on public property with the possible exception of military sites or nuke plants. the problem comes if you try to publish, there you need a model release if the photo contains recognisable people. Tell the guy to call a cop if it is bothering him, the cop will handle him... The no photo signs on NYC bridges are probably not legal.. I did almost get into trouble , my daughter is a school teacher and had asked me to photo girls basketball... one of the girls told security that I was "flashing " her and it did get a little sticky fer a bit!!!

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May 10, 2021 14:49:51   #
E.L.. Shapiro Loc: Ottawa, Ontario Canada
 
This question and many similar situations are frequently posted on this and other photography forums. You will receive many answers. Some folks will tell you to stand your ground, insist on your rights, etc, and others will tell you to walk away. There are many alternatives in between. You know how it is- some say everybody thinks they are a photographer, others say everyone thinks they are a lawyer. At end of the day, everyone means well and a variety of opinions is what constitutes a FROUM where respect, politeness, and civility should be practiced and appreciated- just like in real-life situations.

I work as a professional photographer and I am often called upon to work on location on public and private properties. I always make sure that I have the paperwork whether I am shooting pictures of a friend's kid or doing a professional assignment. I want to have written permission and an explanation of why am there and who hired me or authorized it. It may seem like overkill but nowadays there are many issues, especially where children are concerned. Sometimes a security person or organizer will tend to overstep their bounds and give you grief.

I agree with the gentlemen who worked in law enforcement. I have worked in many jurisdictions in North America and most of what he mentions is more or less applicable, subject to local statutes and regulations. My approach is to avoid any kind of unnecessary conflict, bad confrontations, wastes of time, and aggravation. Here is a link to what I wrote, in more detail, on a similar thread, I hope you find it useful. It's best to be prepared for these kinds of issues. I also find when I ask and secure permission, I receive more respect and cooperation from fol on the site. You do get more with honey than vinegar. Check out the link.

https://www.uglyhedgehog.com/tpr?p=12214538&t=247738

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May 10, 2021 14:57:08   #
k2edm Loc: FN32AD
 
A lawyer published a guide for photographers which covered the problem pretty well, said that no one can take your film, or threaten you, etc. unfortunately, the lawyer copywrited it and I cannot copy it here... sigh

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May 10, 2021 15:30:38   #
rmalarz Loc: Tempe, Arizona
 
The reference I made was due to a discussion regarding searching without a warrant on what would be considered public property. The City of Tempe, Az. has a street fair twice a year. The downtown area is fenced off and vehicle traffic is prohibited. Artist's booths are set up in the street areas, etc. There is no admission fee to enter.

When attempting to enter the area with a backpack, I was asked to allow a security guard to examine the backpack. I agreed to let them do that as soon as they showed me a search warrant. I was told they don't need a warrant. This resulted in my contacting the police department and inquiring as to when the 4th Amendment had been suspended.

The officer with whom I chatted expressed that he was a constitutionalist, as well. He then explained that the folks in charge of having the fair sign a contractual agreement with the city wherein the area specified for the fair is leased by the promoters. This makes that part of the downtown area private property for specified hours on specified days. The agreement is in the city's best interest, as it avoids lawsuits in case of injury to anyone attending the fair. He also explained that a private individual can request to search a person wishing to gain access to that individual's private residence.

The 4th Amendment protects citizens from the government but not necessarily from private citizens. Thus, photographing in a public park is permitted, if that park is rented/leased by a private concern for a period of time, that could be considered private property and that changes things a bit.

I could obtain a copy of the lease agreement and post it here, as it is a public document. However, I'll hope you'll just take my word for it.

Additionally, in this day and age, photographing anyone, especially children, even if they are participating in a public event can be touchy. This especially if one is going to be selling those photographs.

Here's some additional information. It's not related to the above narrative but could be informative.
https://en.wikipedia.org/wiki/Photography_and_the_law
--Bob

IDguy wrote:
Interesting assertion. Do you have any legal backing for it?

IMHO “public property” rights cannot be overwritten by the public employees granting a lease. The lease would have to specifically give rights to the leaseholder.

For the case in question it would more likely be a use permit than a lease. The permit would need to specify the rights of the permitee. Limiting public access is unlikely.

Your advice is correct. If there is an agreement it would rule. And it would be public information.
Interesting assertion. Do you have any legal backi... (show quote)

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May 10, 2021 16:08:56   #
stan miller
 
It seems that our Country is losing part of what made us a great place to live. I can recall a time, I am sure that many of you can, that a person could take Photos just about anywhere or time they wanted to and no one was concerned or cared. I am lost for a reason as to why it has come to this.

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May 10, 2021 16:26:05   #
rmalarz Loc: Tempe, Arizona
 
You should not be at a loss as to why. It's pretty simple. The plethora of digital cameras and an equal plethora of irresponsible individuals who have misused them. That along with the number of social media outlets on which these people rely for their moment of notoriety.
--Bob
stan miller wrote:
It seems that our Country is losing part of what made us a great place to live. I can recall a time, I am sure that many of you can, that a person could take Photos just about anywhere or time they wanted to and no one was concerned or cared. I am lost for a reason as to why it has come to this.

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May 10, 2021 16:55:12   #
chasgroh Loc: Buena Park, CA
 
stan miller wrote:
It seems that our Country is losing part of what made us a great place to live. I can recall a time, I am sure that many of you can, that a person could take Photos just about anywhere or time they wanted to and no one was concerned or cared. I am lost for a reason as to why it has come to this.


...blame it on the internet...or easy access to data/information. It *is* that simple.

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May 10, 2021 16:56:00   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
forensics7 wrote:
I am looking to see if anyone has had any issues with a private club telling someone they couldn't take photos of children or be on "their property". In this case, a soccer club has been using the RPB Memorial Park here for various games. At the invite of my neighbor to take photos of his son playing, I did so and have done at least 10 games at this same site. I ran into a guy this week, maybe British who may not know the privacy/legal laws regarding public photography and he said I can't take photos of kids on their teams. I have searched all the sites on Internet and find parks, town land is public and any photos can be taken. I understand the issue of posting on Internet etc but they were just for my neighbor.
Anyway, I plan to go back and do another game but want to be sure the soccer club doesn't lease or control the land ( soccer fields) in any way. The guy on the field running the tournament was fine and probably didn't know but his boss, President or CEO of club threatened to call the police, which I should have called him on but decided to have all my ducks in a row before returning. This guy was also foreign, I say that only because of the possibility he doesn't know privacy and photography issues.
I plan to call the Town Rec center and the local police to verify its public land. Another friend who has been a photographer for many years, said he has never had a problem. Any comments or suggestions are appreciated.
I am looking to see if anyone has had any issues w... (show quote)


I would definitely contact the town's Parks and Recreation department. They would know what is and isn't allowed. Some venues are rented out to organizations, and under those circumstances, the "renter" could prevent you from taking pictures, but I doublt local law enforcement would get involved is this, which would be a civil matter.

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