On Wed, Sep 17, 2008 at 11:22 PM, P. J. Alling <[EMAIL PROTECTED]> wrote:
> Part of todays adventure.  A low budget movie is shooting in my home
> town blocking traffic on half of main street.  I was walking along
> minding my own business, but actually armed with my trust *ist-Ds and a
> collection of appropriate lenses), when I decided I'd take a couple of
> pictures to commemorate the event, (and maybe make a couple of bucks
> selling the images to one of the local fish wraps), when I this scruffy
> individual rushes at  me from the "company" and confronts me to tell me
> that I can't take any photos for, and I quote "legal reasons".  When I
> asked him what I was doing wrong, he was a a loss except to explain,
> except to repeat his original statement.  When I pointed out that the
> "set" was on a public road and within full view of the public, with no
> expectation of privacy, and that I was allowed to take photographs of
> anything I wished under those circumstances, his new tack was to claim
> that I couldn't use them for anything.  I then pointed out that under
> fair use I could use them for non-commercial purposes which included
> selling them and my story to a newspaper, or printing them large and
> selling them as art.  Which left him gasping for breath, (sort of like a
> large trout), at which point he went back to his original argument.  I
> also found it interesting that they had posted a sign that stated in
> part the, "... passing beyond this point, indicates your assent to being
> in the movie...", which is patently false...  Where do they find these
> people, and what idiot is giving them legal advice?  He managed to make
> me furious as well.  I'm thinking of going back tomorrow just to piss
> them off.
>
> Lousy photographs to follow.
>
> --
> You get further with a kind word and a gun, than with a kind word alone.
>        --Al Capone.

Last time something like that happened to me I was on a subway
platform with camera poised - aimed at an incoming train, not at
people.

A security guard approached me and told me that taking photographs was
prohibited by TTC (Toronto Transit Commission) regulation 16.  I
rather took him by surprise when I replied that I was aware that
regulation 16B prohibited the taking of photographs "for commercial
purposes" without express written permission of the TTC.  (the
regulations, which have been incorporated into a City Bylaw are posted
near a door on each subway car - and I'd read 'em!)

I patiently told him that I'd never sold a photo taken in the subway
system and didn't intend to sell what I was taking that day, so in
fact I had the right to shoot.

He said it made passengers feel uncomfortable to see a guy with a
camera and asked again nicely if I could stop shooting.  Deciding that
(a) he was being nice about it, and (b) he had a gun and I didn't, and
(c) in fact I was on private property (okay, it was quasi-public, but
that's another discussion for another day) and he could in fact hand
me a Notice under the Trespass Act and boot me off the premises for no
good reason whatsoever, I chose to save my fight for another day.

I smiled and said, "Okay, look, I'm putting my lenscap on and turning
off the camera. I certainly don't want to offend anyone or make them
feel uncomfortable.  Thanks!"  And that was that.

So that's my story.

I like your stoy, though.  I'll join the swelling chorus and suggest
you take a photo-walk again, in the same area, tomorrow.

cheers,
frank

-- 
"Sharpness is a bourgeois concept." -Henri Cartier-Bresson

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