Photographing Rights

etherdancer

Hi,
Here is a question that was rudely put to me recently. Is it permitted to photograph installations, such as an oil refinery, without written consent from the appropriate authorities?

There is a refinery about 8 miles from where I live and I have often taken shots of it at night from a nearby hillside. When showing some of my shots, I was rudely approached by someone who said that it wasn't allowed!

I was intrigued and entered a discussion to find that he could not support why I should not be allowed to photograph a view from a public access area.

What do you guys think?

gus

If im in a public area then its open slather at anything i see (i wont photograph children though). When ever im approached i give them lifelines phone number & tell them to phone them as they apparently care because i dont.

photodoug

maybe the point your commenter was trying to make, without making it, was that in today's paranoid environment there are such increased security concerns that "certain" things are now off-limits: airports, mass-transit installations, refineries, government buildings, skyscrapers....etc. Too bad. And I'd guess not rigidly enforced or enforceable.

maybe your commenter was just trying to exercise his/her jaw after a period of time spent in hospital. Then refer to Gus' comment.

JBurt

The laws in Scotland could be different than here in the USofA or the Wasteland. Best to check locally.

AntoineD

Hi,

The main issue here is about making money or not.

Besides, these times... Oil refinery are not the best spot to be with a camera or anything , but I don't think nightshots are a problem. But it is a private property so – at least in France – you cannot sell them without permission

Angelo

sorry, don't know anything about Scottish law.

gus

I was in security for a long while...the whole show is 99% bluff unless someone is endangering you/others or property with immediate reckless behavior.

SteveM

I danno about Scotland either, but here in the US, unless it's specifically posted or known (like subways, airports, stadiums), photography is permitted FROM public places. Even if a private building has signs posted that photography is not allowed ON THE PROPERTY, you can photograph anything from a public vantage point. Almost ALL photography is permitted here, but it's how you use it that things get sticky. If, from a public vantage you shoot privately owned property that is RECOGNIZABLE, you need a release from the property owner to publish it (in an uneditorial fashion. All editorial work is publishable). The key is something being recognizable, which also goes for persons. There was a recent thread about business cards where a man riding a motorcycle wearing a helmet was featured in a photo. Some suggested the photographer needed a model release from the rider. This is not true, since he was unrecognizable while wearing the helmet. They might need a release for the HELMET cuz it was pretty unique, but not the rider.

Now, this only applies to US Law, and again as the disclaimer states, is only suggestion and not legal advice, but have a look at http://www.krages.com/phoright.htm The Photographer's Right for some insight on how it works in the US. If this wasn't true, Google would have a LOT of explaining to do for their satellite overheads!

Hope this helps!

Steve
http://www.downriverphotography.com

etherdancer

Thanks for the information Steve. It's a good starting point for me to investigate my rights as a photographer in the UK.

The Krages website does provide a link for a guide for UK photographers. While it is not comprehensive it does give a good guideline on what we should all be aware of as photographers. I was particularly interested in the comments about the 'no-trespass' laws in Scotland.