Your legal rights as a photographer

I came across this document recently. It's worth reading.

http://www.krages.com/ThePhotographersRight.pdf

I would be very careful about asserting "rights" based on a document like that one. Whether or not the legal analysis contained therein is accurate, the street is no place to engage in legal argument. And things can look very different in a courtroom than they do on the street.

The referenced document is generally in accord with my understanding of the law.

However, I would strongly urge folks to be very wary of the suggestions in the paragraph headed "Other Remedies If Harassed." Following these actions could easily result in one being sued for libel or slander. One would we wise to have absolute non-controvertible proof of any allegations before proceeding along that recommened path.

Common sense needs to apply. If approached about taking photographs from a public place, I always respond calmly and explain my hobby and why I am taking pictures. That usually is the end of it, but once or twice I've been requested to leave by a law enforcement officer. The best course of action at those times is to comply with the officer's request and follow up later with the appropriate parties to clarify any misunderstandings about photography from public places. Discretion is the better part of valor - making a big stink about your right to take train pictures is probably just going to create a hassle for yourself and put a damper on your day.

Jim D.

The most memorable discussion I ever had with a railroad policeman was with one gentleman who advised: "If you drop by tomorrow, that is my day off".

Like once when the NJ Trainsit train I was on was stopped by a track defect about 600 or 700 feet shy of the present High Bridge platform, but in an area where it was safe to detrain and walk to the station. The Conductor informed us that under the rules he could not allow us to get off the train since it was not at a station platform, so we would have to wait for maintainers or someone in mangagement to approve it. He then went on to say, that the rules also stated that he was prohibited from using physical force to keep passengers on the train.

We took the hint.