Confronted today and questions regarding...

**casil403** · 06-01-2010, 07:46 PM

So I am out on a walk doing usual thing photographing building angles. I admit I did climb 2 steps off the boulevard to get a better shot of a building. I then proceeded to step off the steps and shot from the public boulevard sidewalk. When I was on the public boulevard/sidewalk a man (not security) came up to me and said "Excuse me...do you have a permit to photograph this building? I repled nicely "No I don't...should I?" to which he said yes as this was private property. I apologized and said I did not know, that I this as simply a hobby and I thought there was no issue as I was on the public boulevard. If he confronted me on the steps I could see the problem as I was trespassing on the property. however,....there were no signs posted saying I couldn't photograph the building I was photographing it from the outside and when he confronted me I was on the public sidewalk shooting up not in.

I am curious to know who was right in this situation. Once he confonted me I stopped shooting and did not want any hassle so I left and I have no problem with it.
However, but I am curious to know if in fact I could challenge him (I wouldn't...better to just smile, apologize and leave quietly I think rather than start something unless he was being a jerk about it...which he wasn't) on my rights as a photographer to shoot a building from the public sidewalk.
Do I indeed have to have a permit to photograph a building from the sidewalk..could he challenge me if I was on the other side of the street?
If there are no signs posted can I shoot the building from public property?
Anybody have any answers by all means share...I tried looking at the
Rights found here, but it is not clear...
Ambientlight.ca - Laws

**casil403** · 06-01-2010, 07:50 PM

Oddly enough on the other hand,earlier in the afternoon prior to this incident, I went to my fave hotel and stopped at the front desk to ask if I could take shots of their interior stairs... they were more than happy to oblige, let me shoot and much as I wanted so I stayed and had a glass of wine.

**Bambi** · 06-01-2010, 08:23 PM

my understanding is that the man had no right to ask you to stop taking photographs unless you were trespassing.

**casil403** · 06-01-2010, 09:11 PM

Thanks B...I don't think I was doing anything wrong and I think I was within my rights but I would like some clarity to make certain. I am just curious mostly.

**AcadieLibre** · 06-01-2010, 09:16 PM

Just so you know if your on public property the general rule is if you can see it you can photograph it. We have had this discussion before but here is Markos well done post on it.

**donkeyriding** · 06-01-2010, 09:40 PM

You may all be right or wrong ... that's what is so lovely about the law ... so many shades of gray. Although the situation was explained in some detail, there are some important questions left unanswered ... the most important of which is "what building were you trying to photograph?" Photographers do not have inalienable rights, even where trespassing is not an issue, although many act as though they do (being one myself, I am allowed to say this). Do not assume that if you are not trespassing you are in the clear. The first question I would have asked of the person challenging my right to be there with my camera is "what is your name and who do you work for?," especially if he/she wasn't wearing a uniform and a badge!

**casil403** · 06-01-2010, 09:48 PM

It was an office tower...a new one recently built. So recent in fact that the main floor is still vacant.
I just didn't want to get into it with the guy personally until I knew exactly what was going on...hindsight is always 20/20 and maybe I should have., but I went with my gut that said just leave. I am always a big believer in going with the gut.
I was headed home anyhow, was not aware of my rights and didn't want to make a scene until I knew exactly where I was at. I was surprised more than anything by the reaction...especially since I was on a public sidewalk.

**Iguanasan** · 06-01-2010, 09:55 PM

Everything I've read and heard is that if you can see it from a public spot you are allowed to photograph it unless there are clearly posted signs to the contrary which you may find at a military base.

Marko's post covers everything pretty well and is good reference. If you are standing on the steps they can ask you to leave as that is private property. If you are in a mall or an office building or a museum and they ask you not to take photos that is their right, you are on private property. They cannot confiscate your camera or memory cards, etc., etc.

The other thing you have to avoid, even if you are in a public place, is taking photos where someone believes they have the right to privacy. You can't point your 300mm zoom lens into someone's bedroom window from the street. They have an expectation of privacy and you would be infringing.

There are many, many shades of grey for all of this but generally if you are in public and you can see it from where you are then you can shoot it. Whether or not you can sell it is a whole other box of wonders.

Oh, just for fun. What is the address of this place? Do you know?

**casil403** · 06-01-2010, 09:58 PM

Just as an FYI....here is the last image prior to being confronted. Seem pretty innocuous to me....taken from the public sidewalk. I will post the other taken 2 steps up onto the property as well.

And here is the image I took 2 steps onto their property off the sidewalk to shoot: