Rules on street photography

[Ballistics]

New York Penal - Article 140 - § 140.10 Criminal Trespass in the Third Degree - New York Attorney Resources - New York Laws

§ 140.05. Trespass.
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

Taking it a step further: Good luck proving you didn't know. While saying "I didn't know" in some cases will usually result in you being told to leave, you are still trespassing.

Giving context to the topic. Whether you know you are trespassing or not, you can not publish any photographs taken on the property unless you are given permission.

Like to see your reference about being verbally told to leave though. Because hopping a fence isn't enough right?

 

[skieur]

New York Penal - Article 140 - § 140.10 Criminal Trespass in the Third Degree - New York Attorney Resources - New York Laws

§ 140.05. Trespass.
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

Taking it a step further: Unknowingly trespassing is still an offense. While saying "I didn't know" in some cases will usually result in you being told to leave, you are still trespassing.

Giving context to the topic. Whether you know you are trespassing or not, you can not publish any photographs taken on the property unless you are given permission.

Like to see your reference about being verbally told to leave though. Because hopping a fence isn't enough right?

You are NOT giving context to the topic. You are CHANGING the context. Why would anyone be "hopping a fence" into a public place.

skieur

 

[Ballistics]

New York Penal - Article 140 - § 140.10 Criminal Trespass in the Third Degree - New York Attorney Resources - New York Laws

§ 140.05. Trespass.
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

Taking it a step further: Unknowingly trespassing is still an offense. While saying "I didn't know" in some cases will usually result in you being told to leave, you are still trespassing.

Giving context to the topic. Whether you know you are trespassing or not, you can not publish any photographs taken on the property unless you are given permission.

Like to see your reference about being verbally told to leave though. Because hopping a fence isn't enough right?

You are NOT giving context to the topic. You are CHANGING the context. Why would anyone be "hopping a fence" into a public place.

skieur

No I gave context in the same line.

Giving context to the topic. Whether you know you are trespassing or not, you can not publish any photographs taken on the property unless you are given permission.

That's a sole point.

The next line:

Like to see your reference about being verbally told to leave though. Because hopping a fence isn't enough right?

was directed specifically towards your claim about trespassing, for the sake of trespassing in itself. I added the fence comment to give you something to think about.

 

[unpopular]

it's oh so quiet.

 

[Ballistics]

You have us on ignore but your still reading our posts and participating in the conversation lol. Interesting.

 

[unpopular]

Not anymore...

damnit!

 

[Ballistics]

Not anymore...

damnit!

Oh ok. Gotcha

 

[unpopular]

that "show comment button" ... it's just so tempting!!

 

[skieur]

Let me keep it KISS simple.

1. A public place does not usually have a fence. Examples are: a shopping plaza, public library, city hall, arena, museum etc.

2. Although a public place may be private property, from a legal and logical point of view there is an implied permission to enter and make purchases, do business, be entertained, etc.

3. All the people who enter a shopping plaza or other public place are NOT trespassing...therefore it is only if for example security asks you to leave because you are causing some kind of problem, that you ARE trespassing, if you refuse to do so, then you can be charged.

4. Taking photos is NOT illegal, whether you are trespassing or not, and as the photographer you have the rights to publish those photos as long as they are not used for advertising purposes.

Try some law books particularly in media law if you want to do some serious research and can understand what you are reading.

skieur

 

[Ballistics]

Let me keep it KISS simple.

1. A public place does not usually have a fence. Examples are: a shopping plaza, public library, city hall, arena, museum etc.

2. Although a public place may be private property, from a legal and logical point of view there is an implied permission to enter and make purchases, do business, be entertained, etc.

3. All the people who enter a shopping plaza or other public place are NOT trespassing...therefore it is only if for example security asks you to leave because you are causing some kind of problem, that you ARE trespassing, if you refuse to do so, and
can be charged.

4. Taking photos is NOT illegal, whether you are trespassing or not, and as the photographer you have the rights to publish those photos as long as they are not used for advertising purposes.

Try some law books particularly in media law if you want to do some serious research and can understand what you are reading.

skieur

All of your condescension aside, and forgetting about everything else for a second. Provide me a reference that specifically states that you have the right to publish a photo if you are trespassing.
Also, show me the reference that specifically states, that you are not trespassing if you are not told to leave, not matter the circumstances.

Let's see it.

 

[gsgary]

I dont give a **** about all this just shoot until you get arrested and while they are dragging you to the car keep shooting

 

[Ballistics]

I dont give a **** about all this just shoot until you get arrested and while they are dragging you to the car keep shooting

I have time to kill

 

[Solarflare]

I would like to point out that all this is US law.

Here in germany, you cant take pictures of people in the street, unless (a) its a public event (such as a concert) or (b) the people are "just" in the picture and the subject of the image is clearly something else (such as architecture) or (c) you have permission.

 

[unpopular]

Provide me a reference that specifically states that you have the right to publish a photo if you are trespassing.

This isn't exactly how the law works, you don't typically pass laws that grant rights, that's what the constitution is for. I'm sure that there are permissive laws, but typically you don't need the government's permission top do something that isn't otherwise illegal.

I believe Skieur is right and wrong here. He's wrong in the assertion that trespassing alone is never criminal, but he's also right hat if no law had been committed then you have every right to own the image, and do what you want with it provided that other laws are not broken.

Hypothetically, if you do criminally trespass in jurisdictions that have such a concept the owner of the property could have the court cease the image. However, I don't know if this has ever actually been proven in court.

 

[skieur]

Let me keep it KISS simple.

1. A public place does not usually have a fence. Examples are: a shopping plaza, public library, city hall, arena, museum etc.

2. Although a public place may be private property, from a legal and logical point of view there is an implied permission to enter and make purchases, do business, be entertained, etc.

3. All the people who enter a shopping plaza or other public place are NOT trespassing...therefore it is only if for example security asks you to leave because you are causing some kind of problem, that you ARE trespassing, if you refuse to do so, and
can be charged.

4. Taking photos is NOT illegal, whether you are trespassing or not, and as the photographer you have the rights to publish those photos as long as they are not used for advertising purposes.

Try some law books particularly in media law if you want to do some serious research and can understand what you are reading.

skieur

All of your condescension aside, and forgetting about everything else for a second. Provide me a reference that specifically states that you have the right to publish a photo if you are trespassing.
Also, show me the reference that specifically states, that you are not trespassing if you are not told to leave, not matter the circumstances.

Let's see it.

All of your intellectual challenges aside, HOW can you not get it that you are NOT trespassing when you enter a public place such as a shopping plaza?????

skieur