Photographers Rights

Below is a copy of a post found on a Yahoo! Group.

Since it seems hardly a week goes by that there isn't some post about someone on the mailing lists I read being harassed by RR employees, private security or the police about their photograph I thought I'd post this link about Photographers rights. The link is: http://photojojo.com/content/tips/legal-rights-of-photographers/

Another good link is: http://www.photoattorney.com/  The photo attorney is available for speaking engagements (I've heard her at two different photography conferences) and she makes what could be a very dull subject interesting. I don't know her personally and I'm not getting any money for passing on her website but she will be the first person I call the next time I'm harassed.

The last link has to do with photo contests and how the fine print of a lot of contests amounts to a theft of your submitted photograph. The photo attorney blog does announce some of the bad contests but now there is a site that is devoted to exposing photo competitions that exploit photographers. That site is: http://www.pro-imaging.org/content/view/203/32/

Hope this helps, Drew     (19-Mar-08)

I find that the above post does contain some very helpful information. My concern is what it does leave out that has been found helpful pertaining to railfans. Recently many railfan oriented documents have been published focused on abuse of rights. Below is meant to supplement the above with recent railfan related or items found useful by railfans.

Photography on Transit Systems Covers most of the regional transit systems in the USA.

MTA (Click for PDF file of MTA official communications)
"...the MTA attempted to pass rules that would have banned photography, but the NY Press Photographers Association, with the help of numerous other organizations fought and won this battle. The MTA lists this on Section 1050.9 Part C of their rules and regulations where it specifically gives the public (not just the press) permission to take photos in the subways. This rule goes for Long Island Railroad, Penn Station, Grand Central and other MTA properties." source

http://www.railfanreading.com/Rights/Rights.htm

http://www.krages.com/phoright.htm
http://www.krages.com/ThePhotographersRight.pdf   printable 1 page camera bag guide

http://www.usatoday.com/tech/columnist/andrewkantor/2005-12-29-camera-laws_x.htm

http://www.kantor.com/useful/Legal-Rights-of-Photographers.pdf printable 3 page camera bag guide

Photographer’s rights/Photographer’s responsibilities

A retired cop's (railfan) perspective: "...I can tell you from 30 years of law enforcement experience that when the call is made, the cop on the street has (1)to answer it, and (2) make some kind of report both verbally over the radio, or written to whoever may want to [read it] later on at headquarters...."


Trackside
Do your part in being a 'railfan ambassador' in a small way. Patronizing local business and not eating your home food has also been shown to help. Especially if you're using their parking lot to fan from. You become a customer and are no longer a stranger. If some do this it WILL make a difference over time. Indirectly those that don't will benefit by the work of those that do.

Be friendly wherever you are and even if approached in a loud tone, do NOT be confrontational. Smile! Most official (and not) people are just checking you out or doing their jobs. After all, you're not doing anything wrong, so why be less than courteous? Said differently: In the case where exercising the right to photograph from a public location has a negative impact, you have a social responsibility to take the steps to mitigate that impact. Don't give them the opportunity to jump to the conclusion of "every time I talk to those rail nuts they get so mean". How much of a burden is it to talk to them in a friendly manner, show them your portfolio, and explain that you’re just a harmless railfan photographer? If they're still insistent show them one of the camera bag guides above.

When told to leave
After reading these camera bag guides if they still insist on you leaving, do so. Rarely can one person reverse the opinion of such a person without others who's opinions they respect being present. Continuing to argue 'the law' (or lack thereof) at this point is futile and could do harm to future railfan visitors. If possible seek 'a higher ground' so to speak (land owners, Chamber of Commerce, police/town officials, etc).


Notice: Permission is hear by granted to all to copy some or all of this page anywhere where it may help other photographers. No credit is needed or requested. E-mail me any important ones missed, this is a work in progress. I only ask that any errors or broken links present be brought to my attention FIRST prior to publicly posting any negative comment. Due to my having a day job that frequently takes more than 40 hours to do and having a life please allow 14 days for any identified issue to be addressed.

Mike O


Last updated: Wednesday, March 19, 2008



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