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Jul 12, 2012 13:12:38   #
BHC Loc: Strawberry Valley, JF, USA
 
jolly1 wrote:
Bill41 wrote:
jolly1 wrote:
Your not helping anybody very much by publishing bad information. Not all areas have the same laws, and very few that do go to any great effort to enforce them. I have photographed tracks, trains, people on the roadbed for many years and have never once been stopped, questioned, or even told to leave the area. If there was really any real concern on the part of the railroads, why is it that there are so many drunks killed when they fell asleep on the tracks. One would think that the very authorities that you are afraid of, would find them and get them off the tracks before the trains came along.
Your not helping anybody very much by publishing b... (show quote)


WRONG! All areas in the USA DO have the same laws; the governing body is thr Federal Railroad Administration, a division of the Department of Transportation. The applicable law is the Code of Federal Regulation (CFR), Title 49. About three weeks ago, a man, either drunk, stoned or both, was almost run down while standing in a restricted area near the tracks near where I live. State Park Rangers escorted him away, but the incident is now under review by thr FRA. That is not an organization you want to mess with.
quote=jolly1 Your not helping anybody very much b... (show quote)



Sorry Bill, but it seems that my copy of the regulations, Title 49,
doesn't seem to addresss the particular matter we were discussing above. It does mention the regulations that certain states have in effect.
Since I fail to find any particular information on the subject I was wondering if you could pick out the portions of the regulation that apply here. Would appreciate muchly.
Incidentally, that organization hasn't bothered me in the past sixty or so years. It's a little late to start worrying about them now.
quote=Bill41 quote=jolly1 Your not helping anybo... (show quote)

I applaud you for reading the entire text of Title 49, with referenced portions of the USC. Since you are obviously more of an authority than I am with regard to the subject matter under discussion, I will yield to your wisdom and admit that my experiences with the FRA have been limited to participation in railroad operations and the rules of conduct under which I have worked. I cannot and will not quote the part and sub-part of Federal law that governs trespassing and interference with the operation of a railroad. Nor am I in the mood, having just received notice of a multiple fatality incident on an operating line. Since the vast majority of railway-relater incidents are the result of violation of regulations by both railroad personnel and civilian/citizen individuals (as opposed to equipment failure), I also choose not to argue the absolute stupidity of underestimating the dangers of encroachment on railroad property.

Reply
Jul 12, 2012 14:06:01   #
twna Loc: Western Colorado
 
mickeys wrote:
twna, is your state on fire too. i've seen a lot of pics on tv with a lot of fires going on.

Oh yes, we've been on fire since the middle of June. Fire bans state wide, no barbeques, no fireworks, no cutting firewood unless you have water and fire extinguishers present. Serious stuff!

Reply
Jul 12, 2012 15:58:20   #
mickeys Loc: Fort Wayne, IN
 
yea as long as the root isn't killed it will grow back..

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Jul 12, 2012 16:01:24   #
mickeys Loc: Fort Wayne, IN
 
be very careful twna. don't want you to burn too.

Reply
Jul 12, 2012 16:12:53   #
Jim Peters Loc: Pittsburgh
 
Copyright Laws Are FEDERAL! ALL COPYRIGHT LAWS ,STATE : "WRITTEN PERMISSION"
If You Belong To The PP Of A That's Professional Photographers Of America.
One Of The PERKS! Are That You Get About One Half Hour With A Washington DC Copy Right Attorney FREE. Why A DC Attorney? Because It Is FEDERAL LAW.
DC Copy Right Attorneys Are Really The Only Attorneys That understand US Copy Right Laws.

Reply
Jul 12, 2012 16:53:12   #
pounder35 Loc: "Southeast of Disorder"
 
Is this now a legal forum? :roll: I thought I was on Ambulance Chaser.com :lol: Just kidding. It's good info when you're charging for shooting and selling photos. As a "second" photographer there may be a problem since my understanding is that whoever shot a photo owns that photo. The exception would be that if you have a contract with an assistant or "second" photographer you retain the rights to what they shoot. Too much legal BS for me. :roll:
It is a good subject matter. :thumbup:

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Jul 12, 2012 17:41:13   #
henrycrafter Loc: Orem Utah
 
IN WRITING!!! EVERYTHING IN WRITING!!!
By law pictures that any one takes are intellectual property and as such are protected under the copy right laws.
I deal with this issue everyday and if you have it in writing you can do what ever the agreement states.

Reply
 
 
Jul 12, 2012 18:25:18   #
Jim Peters Loc: Pittsburgh
 
Bravo!!!

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Jul 12, 2012 18:36:15   #
jolly1
 
MWAC wrote:
jolly1 wrote:
Bill41 wrote:
jolly1 wrote:
Your not helping anybody very much by publishing bad information. Not all areas have the same laws, and very few that do go to any great effort to enforce them. I have photographed tracks, trains, people on the roadbed for many years and have never once been stopped, questioned, or even told to leave the area. If there was really any real concern on the part of the railroads, why is it that there are so many drunks killed when they fell asleep on the tracks. One would think that the very authorities that you are afraid of, would find them and get them off the tracks before the trains came along.
Your not helping anybody very much by publishing b... (show quote)


WRONG! All areas in the USA DO have the same laws; the governing body is thr Federal Railroad Administration, a division of the Department of Transportation. The applicable law is the Code of Federal Regulation (CFR), Title 49. About three weeks ago, a man, either drunk, stoned or both, was almost run down while standing in a restricted area near the tracks near where I live. State Park Rangers escorted him away, but the incident is now under review by thr FRA. That is not an organization you want to mess with.
quote=jolly1 Your not helping anybody very much b... (show quote)



Sorry Bill, but it seems that my copy of the regulations, Title 49,
doesn't seem to addresss the particular matter we were discussing above. It does mention the regulations that certain states have in effect.
Since I fail to find any particular information on the subject I was wondering if you could pick out the portions of the regulation that apply here. Would appreciate muchly.
Incidentally, that organization hasn't bothered me in the past sixty or so years. It's a little late to start worrying about them now.
quote=Bill41 quote=jolly1 Your not helping anybo... (show quote)



http://www.fra.dot.gov/downloads/safety/cross_chp9.pdf

second paragraph of document from Federal Railroad Administration, this article also gives a summary to for each state if you are interested.

Quote:
It is against the law in all states to trespass on any private property without permission of the owner
or without having an official reason, and all states provide for minimal punishments.


At the least it looks like the FRA would have you sited with a criminal trespass charge.
quote=jolly1 quote=Bill41 quote=jolly1 Your not... (show quote)



Back in the wonderful days of the Great Depression, when the Hobos were the Kings of the road, (railroads that is) no Hobo was ever busted, beaten, or arrested by Federal, State, or even local Law Enforcement.
It was always the "Railway Bulls", a bunch of roughnecks that the different railroad companies hired to try to keep the hobos
off of their trains. Private Cops. They were the worst of the worst. They went after the hobos with baseball bats, clubs, trace chains, shotguns. By the end of the hobo era, there were no less than one thousand murders of hobos by the railroad bulls recorded.
But you corrected your own error. The individual states either have, or do not have, specific laws governing the entry onto railroad property. You found the information, now read it.
When I was out on various railroad property, photographing the tracks, or the rolling stock, I have, more than once, been offered rides on motorized "handcars" by railway inspection crews. All I ever needed was an honest face and a camera.
Occasionally, when asked, simply out of curiosity, why I was taking pictures of the railroad, I simply said that I was writing a book and needed to illustrate it. Then, every railroader within ten miles wanted me to take his picture for the book. . . . .

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Jul 12, 2012 19:46:49   #
UP-2-IT Loc: RED STICK, LA
 
MWAC wrote:
jolly1 wrote:
Bill41 wrote:
jolly1 wrote:
Your not helping anybody very much by publishing bad information. Not all areas have the same laws, and very few that do go to any great effort to enforce them. I have photographed tracks, trains, people on the roadbed for many years and have never once been stopped, questioned, or even told to leave the area. If there was really any real concern on the part of the railroads, why is it that there are so many drunks killed when they fell asleep on the tracks. One would think that the very authorities that you are afraid of, would find them and get them off the tracks before the trains came along.
Your not helping anybody very much by publishing b... (show quote)


WRONG! All areas in the USA DO have the same laws; the governing body is thr Federal Railroad Administration, a division of the Department of Transportation. The applicable law is the Code of Federal Regulation (CFR), Title 49. About three weeks ago, a man, either drunk, stoned or both, was almost run down while standing in a restricted area near the tracks near where I live. State Park Rangers escorted him away, but the incident is now under review by thr FRA. That is not an organization you want to mess with.
quote=jolly1 Your not helping anybody very much b... (show quote)



Sorry Bill, but it seems that my copy of the regulations, Title 49,
doesn't seem to addresss the particular matter we were discussing above. It does mention the regulations that certain states have in effect.
Since I fail to find any particular information on the subject I was wondering if you could pick out the portions of the regulation that apply here. Would appreciate muchly.
Incidentally, that organization hasn't bothered me in the past sixty or so years. It's a little late to start worrying about them now.
quote=Bill41 quote=jolly1 Your not helping anybo... (show quote)



http://www.fra.dot.gov/downloads/safety/cross_chp9.pdf

second paragraph of document from Federal Railroad Administration, this article also gives a summary to for each state if you are interested.

Quote:
It is against the law in all states to trespass on any private property without permission of the owner
or without having an official reason, and all states provide for minimal punishments.


At the least it looks like the FRA would have you sited with a criminal trespass charge.
quote=jolly1 quote=Bill41 quote=jolly1 Your not... (show quote)


But what is Private Propert unless it is marked as such.

Reply
Jul 12, 2012 19:48:47   #
UP-2-IT Loc: RED STICK, LA
 
henrycrafter wrote:
IN WRITING!!! EVERYTHING IN WRITING!!!
By law pictures that any one takes are intellectual property and as such are protected under the copy right laws.
I deal with this issue everyday and if you have it in writing you can do what ever the agreement states.


:thumbup: :thumbup: :thumbup: :thumbup:

Reply
 
 
Jul 12, 2012 19:49:05   #
UP-2-IT Loc: RED STICK, LA
 
Jim Peters wrote:
Copyright Laws Are FEDERAL! ALL COPYRIGHT LAWS ,STATE : "WRITTEN PERMISSION"
If You Belong To The PP Of A That's Professional Photographers Of America.
One Of The PERKS! Are That You Get About One Half Hour With A Washington DC Copy Right Attorney FREE. Why A DC Attorney? Because It Is FEDERAL LAW.
DC Copy Right Attorneys Are Really The Only Attorneys That understand US Copy Right Laws.


:thumbdown: :thumbdown: :thumbdown: :thumbdown:

Reply
Jul 12, 2012 19:53:14   #
jerryc41 Loc: Catskill Mts of NY
 
pounder35 wrote:
Hey JerryC. Haven't you heard of the special edition Canon DSLR and specially designed memory cards. It's the LA edition. Lower Alabama. Only available In LA and the Florida panhandle. Rated 140+ degrees. I've tested it and it's works. They are working to improve the seals for rain blowing at 150+ mph since it's hurricane season. LOL!

I heard rumors of that. Glad to hear that some rumors are true.

Reply
Jul 12, 2012 20:13:32   #
UP-2-IT Loc: RED STICK, LA
 
jerryc41 wrote:
pounder35 wrote:
Hey JerryC. Haven't you heard of the special edition Canon DSLR and specially designed memory cards. It's the LA edition. Lower Alabama. Only available In LA and the Florida panhandle. Rated 140+ degrees. I've tested it and it's works. They are working to improve the seals for rain blowing at 150+ mph since it's hurricane season. LOL!

I heard rumors of that. Glad to hear that some rumors are true.


Don't worry about the seals, just use duktape.

Reply
Jul 12, 2012 20:15:08   #
jerryc41 Loc: Catskill Mts of NY
 
frenchcoast wrote:
jerryc41 wrote:
pounder35 wrote:
Hey JerryC. Haven't you heard of the special edition Canon DSLR and specially designed memory cards. It's the LA edition. Lower Alabama. Only available In LA and the Florida panhandle. Rated 140+ degrees. I've tested it and it's works. They are working to improve the seals for rain blowing at 150+ mph since it's hurricane season. LOL!

I heard rumors of that. Glad to hear that some rumors are true.


Don't worry about the seals, just use duktape.
quote=jerryc41 quote=pounder35 Hey JerryC. Haven... (show quote)

And use Gorilla Glue to hold the Duktape in place.

Reply
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