The Law is Clear

Well given the fact that I work in the criminal justice field along with going to school to better myself, I know of no law, federally or locally (New Hampshire anyways) that it is illegal to video tape or take pictures of a uniformed officer. One of the number one reasoning behind the fact of no video taping or picture taking is to protect the parties involved and to keep the situation in hand under control. Don’t forget; depending on where the individual(s) are standing, video taping or taking pictures might be prohibited in that area. Given the fact that a railroad right of ways is private property, they may have guide lines for certain situations. (For a better example: malls are for public use, BUT it is private property and most malls don't allow picture taking or video taping anywhere inside or outside the mall. You’re right to take pictures does not apply on private property or even at private property.

The cop was wrong to order the guy to stop taping. If the driver was embarrassed, shouldn't have stopped on the tracks. The cop or EMT's don't want a lawsuit, do things by the book...I have to on my FD. See the link here:

In a case like this where an accident has occurred the officer was not wrong if someone in involved asked them to stop. If an officer did it out of his own behalf then yes he was at fault, unless told buy someone higher in the chain of command in certain situations. Example: a loss of life, etc. (Note that laws may vary depending on where you are. What might be allowed in one state may not be allowed in another.)
Most of the time when pictures/video taping is taken of an accident the police ceases them anyways. So yeah you do have a right to video tape and take pictures but chances are your not gong to be able to keep them for yourself. I have many examples of that but there not related to trains.
By the way, what would possess someone to stop there car on railroad tracks anyways? I won't even stop on tracks that are abandoned, but that's just me!

b&m 1566 wrote: By the way, what would possess someone to stop there car on railroad tracks anyways? I won't even stop on tracks that are abandoned, but that's just me!

Still can't understand why they do, but many motorists ignore warning devices everyday.

>>You’re right to take pictures does not apply ... even at private property.

I think you have some additional studying to catch up on. I recommend the Legal Handbook for Photographers by attorney Bert Krages. Among other points, the taking of photographs of private property from public property is definitely legal.

http://www.krages.com/bpkphoto.htm

I'll try not to get off topic with this but that site is only telling it from one side. There's the other side also. If you take a picture of someone else's house you may get away with it but you can not make it viewable for public use with out permission. If the home owner sees you taking a picture of there house, they have every right to tell you to stop and you have too. If you don't they may call the police and have them stop you. Make not mistake the police will stop you if the home owner asks for it. So for this case if the railroad has a policy that no pictures can be taken during the event of an accident on there property or at there property you have to stop if they ask you to. Some can get permission buy getting a permit, such as the media and so on. (When in doubt always ask and if someone tells you to stop, stop. There is not need to make a big deal out of it.) If you happen to catch an incident on tape turn it in to the local authorities, you never know if your picture or video well help.

b&m 1566 wrote:I'll try not to get off topic with this but that site is only telling it from one side. There's the other side also. If you take a picture of someone else's house you may get away with it but you can not make it viewable for public use with out permission. If the home owner sees you taking a picture of there house, they have every right to tell you to stop and you have too. If you don't they may call the police and have them stop you. Make not mistake the police will stop you if the home owner asks for it. So for this case if the railroad has a policy that no pictures can be taken during the event of an accident on there property or at there property you have to stop if they ask you to.

Your understanding of the law is incorrect. To use your example of photographing a home from a public area, the homeowner can request but the photographer is under no obligation to stop. Nor is there any restriction on publication of the images. The exception to these statements is if extraordinary means are used, such as a ladder to enable photography over a privacy fence or if the photography is so frequent or continues over such a protracted period of time that it constitutes harrassment.

As to a railroad's policy, it is just that, a policy and if the photographer is not on railroad property the policy is meaningless. Policies have no legal standing for activities off the property. Even if one is on the property, the railroad's only recourse is to ask the photographer to stop or leave, and if refused, the remedy is for trespass, not the photographic activity nor can the railroad lawfully seize the photos/film.

In the instance of the police seizing photos/film of an accident scene taken from someone located on public property, the only legal basis for that seizure is if the film can be used as evidence in a police investigation of the incident. Even if that is the case, the police are legally required to return the photos/film as soon as practicable. Only contraband need not be returned and with the probable exception of certain classes of pornographic images, photos are not contraband.

Is this the internet or Nazi Germany?

I always took pictures from public property and felt it was my right.(guess gotta ask those that snap shots of Hollywood people that crawl up private sewers to get a shot)

Pictures from private property? The odds of actual owner complaining? (who is the owner?-500 year title search?)


I've taken pictures in Shopping Malls many many times and know they have scrict security but nobody ever bugged me.


Otherwise I often ask at places like 'carnivals' I might pass while travelling,etc. Enter their private operation? Have not had one object.


I know many/most business don't like picture takers. I always thought it was their tough luck when off their property. Like Circuit City. Just move off their property. (and the jerks try to sell cameras)



When I say Nazi Germany. Is it illegal to take a picture of the Fuerer? (sp?) Gustapo (sp?) ???


When I say 'The Internet'----


The Music and Movie industry pushed through that new Copyright Act a few years ago. Courts still don't know how to deal with it. Everything on the web is Copyright. No information is to change hands without royalty to the owner. Everything you see on your monitor can not be duplicated without royalty. Take a picture of a web 'image'?


I own my post here.(or do I?)


You can comment on it if desired with only my permission. (besides I want your money)

RR Net might be the owner. We can go to court and fight for 10 years.


See some of this internet Copyright language? $100,000 fine for any attempt to download any information from this web page without permission.(and royalty) They already downloaded the page at least in their 'temporary internet files'.


Fair Usage clauses as written by Congress. Don't ever admit they exist !!!!! (effects revenue?)



I'm blabbering this stuff wondering if 'real life' is turning into the internet.


Permission to publish a picture.

Permission to take a picture.


I know nothing about 'law enforcement' but I could see reasons why they don't want people hanging around taking pictures. A crime scene? Accident scene? ya know....like Crime Scene Investigation on TV. --or maybe its just emotions? I used to travel allot and used to stop at accidents. Some were terrible. I would not want to see 'up close photo's' of such.



=== but real life turned into something like the Music/Movie Industry's dream of the Internet?


What is the weather today? Can't share that info. (just your own private observations)