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|| SportsShooter.com: Member Message Board

Public places - Privately owned - What are my rights?
 
Jack Megaw, Student/Intern, Photographer
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Pittsburgh | PA | America | Posted: 12:34 AM on 02.24.10 |
->> I am currently working on a story on a public space in Pittsburgh which restricts photographers from taking pictures in the area. I was just curious if somebody could give me some clarification on the law.
This area is open to the public and is also welcome to pedestrians to walk through which gives me the impression that it is an urban open space - but if it is privately owned where do my rights stand as far as taking pictures goes?
(Previously I have been kicked out with the excuses of "National Security" and also "To protect the copyright of the buildings.")
Many Thanks!
-Jack |
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Dave Prelosky, Photographer
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Lower Burrell | Pa | US | Posted: 12:44 AM on 02.24.10 |
->> I suspect that you'll find one of several things are in play.
You could indeed be describing the situation accurately and be somewhere like PPG place or Monroeville Mall that is a private property with public access.
The security trons are told not to make decisions - their job is to maintain order. They aren't empowered to say yes if a memo says no.
Ask one of them to direct you to the property management office, or the company PR department. Starting at the top and working down may be easier. |
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Nic Coury, Photographer
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Monterey | CA | | Posted: 12:45 AM on 02.24.10 |
->> As I understand it, a privately-owned place can be open to the public, but since it is privately-owned, you can be asked to leave.
Check on the ownership first before shooting anymore on site.
City-owned property, like sidewalks and streets are okay to shoot from. I think it's something like, if anyone member of the public can view whatever it is you're shooting from a publicly-owned space, you're ok. But if you go off to an area that not anyone could access, you cannot take pictures without permission. |
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Max Gersh, Photographer
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New Castle | IN | USA | Posted: 12:45 AM on 02.24.10 |
->> As far as I know, if it is privately owned, they can force any restrictions they choose.
A mall is open to the public but it is private property. More often then not, if you try to shoot in a mall without permission, you won't be shooting long.
Their turf, their rules. |
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Chuck Liddy, Photographer
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Durham | NC | USA | Posted: 1:05 AM on 02.24.10 |
| ->> Jack, more info would be helpful. If in fact you are talking about a mall you're out of luck unless you obtain permission. They might be "open" to the public but they are privately owned. There isn't a mall in our area that will let you wander in and start shooting photos without permission from the main mall office. if you DO happen to go in and start shooting photos, two things are possible. 1) security will probably ask you to leave 2) IF you give them any trouble they will probably detain you until the police arrive then have you "trespassed". as far as I know malls have been like this for at least 15 or 20 years....they want to control the publicity surrounding their premises, not so much for them but for their clients (the shops). if they piss off the shop owners they might lose that rental....if your story is something positive you shouldn't have any trouble getting the aok.....if it's not a positive story you're probably SOL. good luck. |
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Jack Megaw, Student/Intern, Photographer
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Pittsburgh | PA | America | Posted: 1:47 AM on 02.24.10 |
->> It is PPG Place as Dave suggested. (not a mall)
PPG Place is a group of several buildings (three square blocks) and a significant landmark in downtown Pittsburgh. It is also a major throughway for pedestrians walking through the area and maintains a large security presence. The buildings consist almost entirely of offices and in the winter also includes an outdoor ice rink in the middle of the complex.
The exterior of the building consists of reflective glass and makes a very appealing photo subject. The security guards attempt to restrict photography of the buildings. They do not normally stop photographers from shooting the ice rink but they do when it comes to taking pictures of the buildings.
As such it has created issues for many photography/photojournalism students at Point Park (my university) as well as for many photographers around the Pittsburgh area.
-Jack |
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George Bridges, Photographer, Photo Editor
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Washington | DC | USA | Posted: 2:05 AM on 02.24.10 |
->> If all the land is privately owned, public streets do not run through this 3-square block area, then the property owners decide who can come and go and who can photograph on their property.
It is the same as your house, you may let kids cut through your yard to shorten their trip to school but you can also stop just one kid you think is a troublemaker from taking the short cut while letting all the others through. It's your land and you decide who can come and go.
Yes it's a weird area in that the public can walk around and probably people can pose with point-and-shoots but if they don't want you to take pictures you can't do so -- unless you are standing on city property at the time and taking pictures of the buildings. In that case there is nothing they can do except harass you at which point you are free to call the police and ask to press charges for them harassing you on public property. |
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David Shea, Photographer
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Riverside | CA | USA | Posted: 2:40 AM on 02.24.10 |
| ->> If you want to see how the LDS Church in Salt Lake City deals with the issue of private property and public space: http://www.sltrib.com/faith/ci_12937788 |
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John Korduner, Photographer
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Baton Rouge | LA | United States | Posted: 12:55 PM on 02.25.10 |
->> Just call and ask the gatekeeper. If you really want to figure it out, you need to create a matrix that charts whether the place is common (can't be owned by anyone), public (owned by gov't in a public capacity), or private (thing in commerce)...and charted against whether the action you intend to pursue is protected or prohibited... and charted against applicable civil or criminal laws.
I was once forced to stop taking pictures by Live Nation guards for taking a photo of an interstate sign from a public road...because they "owned all the surrounding areas." I could've pulled out a notepad, drawn a matrix, and stood my ground...but, I knew I wasn't about to enlighten a security guard. |
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Sam Morris, Photographer
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Henderson (Las Vegas) | NV | USA | Posted: 1:23 PM on 02.25.10 |
->> A couple interesting examples from Las Vegas:
The sidewalks on the Strip are technically private property because when the roadway was widened they needed the land owned by the casinos. If I remember correctly, the casinos still own the land where the sidewalks are but they have to allow them to be public. If you have ever noticed the people passing out cards for hookers on the sidewalks, you can see that the "private" property is being treated as "public."
Another example is Fremont Street. It was a public road that was taken over (not sure how) by a consortium of casinos to clean it up and put up a big canopy of lights. They claim it is private and can call the shots as far as what can be done. The courts have upheld that it is still public: http://www.aclunv.org/category/issue/free-speech/Fremont-Complaints |
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