ViewFinder Photography Forum

General discussion - our photography living room. Talk about aesthetics, philosophy, share your photos - get inspired by your peers! Moderated by another view and walterick.
ViewFinder Forum Guidelines >>
Introduce Yourself! >>
PhotographREVIEW.com Gatherings and Photo Field Trips >>
Results 1 to 9 of 9
  1. #1
    A Brick In The Wall herg's Avatar
    Join Date
    Aug 2009
    Location
    British Columbia
    Posts
    34

    Is it illegal to take pictures of a construction area?

    First of all, I live in British Columbia, Canada.

    Tonight after work I went to take a couple shots of the renovations that are getting done to the front of our mall. There were two people up on a lift working on the building, and two more standing around at the bottom. There are temporary fences around the area (you can walk between them to enter the mall, but the areas to both sides are torn apart).

    Anyways, I set up my tripod and walked about 3 feet into the road and started lining up the shot. I was still about 15 feet away from the nearest fence and in no way was interfering with their work. One of the guys who was standing around walked up and asked what I was taking a picture of, and if any of them were in it. I said "yeah, you'll be in it" (i was not being a jerk in any way. but by the end i was). He said I wasn't allowed to take of picture of the area. So I told him that by law I was allowed to take a picture of anything I wanted as long as I didn't use it for advertising or selling. He yelled up to his boss who was up on the lift and asked him about the situation, saying it was only for personal use. The boss yelled back saying, "Get him to give you his name and number, that way if i see the picture anywhere i know who to go after."

    I said I was definitely not going to give them my name and I moved back to the sidewalk and started slowly taking my camera down. I was thinking about the situation and how it was a bunch of bull, so I walked back to where I was a set up the camera again. The same guy came back and told me "I already told you you can't take pictures here". I again went over the legal facts and he pretty much replied with a threat about getting his huge boss to come down and talk to me about it. After this I asked him if I needed to go to the police station to get them to come down and say the same stuff I was just telling him. He again mentioned about his boss. I realized I was getting nowhere so I left with some choice words.

    I wasn't going to start taking the pictures regardless with 4 of them and 1 of me (even if the boss was the only guy there bigger than me)

    Are the laws regarding taking pictures of public places the same everywhere? I did a quick google and it seems like I was right about everything I told them. But is taking a picture OF a construction area (not from IN it. but from a public area, like a road) any different?

    I still will go to the police and see what they have to say about the situation.

  2. #2
    project forum co-moderator Frog's Avatar
    Join Date
    Sep 2006
    Location
    wa state
    Posts
    11,195

    Re: Is it illegal to take pictures of a construction area?

    Well its probably not worth a busted jaw but as far as I know, you were right.

    I'd like to see situations like this get published in local photo news and have a hundred photographers show up to take pics.
    Keep Shooting!

    CHECK OUT THE PHOTO PROJECT FORUM
    http://forums.photographyreview.com/...splay.php?f=34

    Please refrain from editing my photos without asking.

  3. #3
    Be serious Franglais's Avatar
    Join Date
    Feb 2004
    Location
    Paris, France
    Posts
    3,367

    Re: Is it illegal to take pictures of a construction area?

    What matters is where the subject is, not where you are. The construction area is part of the mall, which is private property. You have no right to take pictures of people on private property, even from public property, at least by French law.

    The boss was right.

    Plus you were causing a breach of the peace by persisting in doing photos when your subjects asked you not to.
    Charles

    Nikon D800, D7200, Sony RX100m3
    Not buying any more gear this year. I hope

  4. #4
    Senior Member AgingEyes's Avatar
    Join Date
    Oct 2007
    Posts
    3,103

    Re: Is it illegal to take pictures of a construction area?

    Perhaps it is not illegal to take pictures of a construction site - I did that before one way or another but without any workers close-by or they didn't care and I shot hand-held - I think your situation is like when you want to photo a stranger in the streets, and he/she comes and tell you he/she does not want you to. I think the best thing to do is to just walk away.

    And if you still want to photo that particular building, perhaps you should do it in some "invisible" way

    I know one guy who at one time photo'ed somewhere in W Van. One bump yelled at him and asked him not to take any pic. The guy wasn't photographing the bump and he pretty much responded the way you did. He yelled back at the bump and said he wasn't photographing him. Anyhow, it ended with a fight and his camera was toasted. No, he also did not win that fight.

  5. #5
    A Brick In The Wall herg's Avatar
    Join Date
    Aug 2009
    Location
    British Columbia
    Posts
    34

    Re: Is it illegal to take pictures of a construction area?

    Well I went to the cops and asked them what the deal is (i didn't go into detail about what happened. i was pretty much just asking in general). They said I was right about what I said to the worker. But the cop also went into detail kind of about what franglais said (photographing public property from a public area), which I can understand (although I will disagree with the whole "causing a breach of peace" that franglais mentioned. The cop kept saying "The owner of a private propery area has the right to tell you to stop taking pictures of that area" -also understandable. But when I asked the cop why the workers had any right to tell me to stop (they have no ownership over the building), he kept saying "Well, now you're gettnig into semantics", and never actually gave me a reason.

    And of course something like this is not worth getting into a fight over. I'm planning on talking to the actual owner of the building and explaining that I just want to take a couple pictures of the work going on. I'll respect whatever he (or she) says. Afterall, it is their building.

    Well, either that or I'll take a couple shots out my car window.

  6. #6
    Senior Member jetrim's Avatar
    Join Date
    Jul 2008
    Location
    Ft. Lauderdale
    Posts
    3,229

    Re: Is it illegal to take pictures of a construction area?

    The difficult thing here is that you're getting advice on Canadian law, from people who don't reside there and don't really know. This is something you need to research or consult with folks that do know the specific in's and outs of Canadian law.

    What Franglias said may very well be how French law is written, but is a direct contradiction to US law on the subject.

    Now if this mall were in the US I could tell you that if you were indeed on the street (public thoroughfare NOT street through the mall parking lot) they couldn't do anything, but if you were anywhere on the parking lot of any or the feeder roads that go from the lot to the main road, or any of the sidewalks on the property, it is indeed private property and they had every right to demand you cease and desist.

    Normally at the entries to just about every mall there is a sign you've likely walked by a hundred times and never read that is a list of rules of behavior and dress code for the mall. 99 times out of 100 somewhere on the list it will say NO PHOTOGRAPHY without the written consent of Mall management.

    Good luck going forward.

  7. #7
    Be serious Franglais's Avatar
    Join Date
    Feb 2004
    Location
    Paris, France
    Posts
    3,367

    Re: Is it illegal to take pictures of a construction area?

    Note that I said pictures of people. You were close enough for the workers to be identifiable therefore they count as people.

    As for pictures of the building taken from a public place, it's a question of copyright. All the recent law suits by owners of buildings, cars, volcanos etc. against people selling postcards, calendars, magazine illustrations etc. have been thrown out.
    Charles

    Nikon D800, D7200, Sony RX100m3
    Not buying any more gear this year. I hope

  8. #8
    Senior Member AgingEyes's Avatar
    Join Date
    Oct 2007
    Posts
    3,103

    Re: Is it illegal to take pictures of a construction area?

    Quote Originally Posted by herg
    The cop kept saying "The owner of a private propery area has the right to tell you to stop taking pictures of that area" -also understandable. But when I asked the cop why the workers had any right to tell me to stop (they have no ownership over the building), he kept saying "Well, now you're gettnig into semantics", and never actually gave me a reason.
    Actually, he may be not. I think what he was thinking was the employees at that point was representing their employer or perhaps the owner of the property. It's like any employee who go out on the field, go meeting with potential clients for their company, they are representing their employer, they are the representatives of the company. Perhaps that's something that you have not thought about.

    I do not think anybody is saying you're wrong as far as legality is concerned. At the same time, since you were photographing a private property and strangers who do not want their photos taken, I see nothing wrong for them to ask you to stop. Then again, they actually have offered you the opportunity to take the photos as long as you can tell them who you are and leave them contact info. I think that was a fair request I like to know who photographs me, too

    As long as you are willing to accept the consequences, go ahead and excercise your legal right.

    Have you been photographing much along East Hastings and those back alleys on Downtown Eastside?

  9. #9
    A Brick In The Wall herg's Avatar
    Join Date
    Aug 2009
    Location
    British Columbia
    Posts
    34

    Re: Is it illegal to take pictures of a construction area?

    Quote Originally Posted by AgingEyes
    Actually, he may be not. I think what he was thinking was the employees at that point was representing their employer or perhaps the owner of the property. It's like any employee who go out on the field, go meeting with potential clients for their company, they are representing their employer, they are the representatives of the company. Perhaps that's something that you have not thought about.

    I do not think anybody is saying you're wrong as far as legality is concerned. At the same time, since you were photographing a private property and strangers who do not want their photos taken, I see nothing wrong for them to ask you to stop. Then again, they actually have offered you the opportunity to take the photos as long as you can tell them who you are and leave them contact info. I think that was a fair request I like to know who photographs me, too

    As long as you are willing to accept the consequences, go ahead and excercise your legal right.

    Have you been photographing much along East Hastings and those back alleys on Downtown Eastside?
    I haven't been to vancouver in a while (at least not since i got my SLR), so I haven't taken any pictures there, especially on hastings. Where I live we only have hippies, no junkies (well, maybe a few. but not anything like hastings).

    And I can understand both sides of this story. They did have the right to ask me to stop, but it was their immediate attitude towards me that put me off and made me angry about the whole situation. And I could just see from the way they mentioned about me giving them my name that they would abuse it somehow (like going to the owner with my name and complaining) So I wasn't about to do that.

    Anyways, we'll see what happens. I'll probably just end up taking a couple shots from my car.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •