Downtown Lens: Your Right to Photograph

By Dave Bullock
Published: Sunday, August 31, 2008, at 03:11PM

Voters in Line for the DLANC Election Dave Bullock [Flickr]

A security guard looks on ominously as I take a photo of voters waiting in line before they cast their ballots in the DLANC election.

As a photographer you have certain rights that permit you to take photographs in public places. Frequently, security guards and other people will tell you that you can’t take a photograph. If you’re standing on a sidewalk or in the street, they are wrong.

I have often been accosted by overzealous, uninformed and incorrect rent-a-cops when taking pictures of buildings, bridges, people and other various places and things. They are always ignorant of my actual rights to photograph.

As I mentioned in my previous post about street photography, you have the right to photograph people in public or anywhere they don’t have a “reasonable expectation of privacy”. That isn’t the only right you have. You are also permitted to photograph anything that you can see from public property, like a sidewalk or a city street.

If you are stopped and hassled, keep in mind that you are likely in the right and your accuser is likely in the wrong. Many times security guards will ask to see your ID or demand that you delete the photos from your camera. They have no right to ask you to do either of these things. Feel free to say “No Thank You” and walk away.

If you want a neat printout of your rights to bring with you when you are out shooting, check out attorney Bill Krages’ Photographer’s Bill of Rights. I keep of copy of this in my camera bag at all times.

There are some notable buildings in Downtown (Library Tower aka the US Bank Building in particular) that have security guards who are rather aggressive in forbidding you to photograph. I have often wanted to bring a large group of people there with cameras and have everyone photograph the building. That would be a fun outing!

Remember that taking photographs is fun and enjoyable. Don’t let paranoid, ill-informed people stomp on your rights as a citizen of a free country. If you have been hassled taking a photograph, post it here using our Reader’s Photos feature. Most importantly, have fun and happy shooting!

This post is the fifth part in a weekly series entitled Downtown Lens in which I will discuss a photograph and the technique that relates to it.


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Comments

1
Alex Thompson writes:

Thanks for this informative post. I often have problems with this. Another place where you have the right to take photos, but will often get told not to by uniformed police, are public meetings covered by the brown act. This includes any City Council meeting, or any City Council committee meeting. In fact - you may take photos as long as you are not disrupting the meeting.

If you are stopped you have the ability to render all decisions made during the period you were stopped in null, and every official who continues to participate is guilty of a misdemeanor. I was recently stopped by police from photographing a Santa Monica City Council meeting. When I learned about the right to photograph and emailed the city attorney - they were apologetic and the specific police officer apologized on my next visit. Score!

# on Aug.31.2008 AT 04:16 PM
2
george writes:

About 10 years I was going downtown to get some property ownership records from the tax records. I found they wanted to charge you quite a lot per copy if you wanted copies.

Rather than handwrite the names I decided to take my hi8 camera there another time and video tape the records. That way I could review them by simply capturing the video to my computer (this was before digital still cameras and photography film would have been way too expensive.)

They stopped me. Said I couldn’t do it. However I kept asking to see the higher ups and reminded them these were public records.

After a few days of calls I remember I was finally told by the some city legal spokesperson that yes I could video tape the public records. I asked for the persons name and number in case I had a problem when I went again. Sure enough when I got there the office personal said I couldn’t. So I called the official who had called me and the official spoke to them and they apologized and let me do it.

Saved me a bunch of money and educated some official clerks.

It is interesting however how officials always presume that you cannot photograph things.

Basically if you are allowed to see it with your eyes then you should be able to record or photograph it. Photography is just a time expanded extension of your eyes.

# on Aug.31.2008 AT 06:53 PM
3
Rich Alossi writes:

I’ve been hassled at 7th + Fig taking photos of their Christmas decorations, and I continued taking photos of the property from the sidewalk while their security guard tried to get me to stop. The “9/11 changed everything” argument won’t work on me.

The Heron Building security guard hassled me as well when I was grabbing photos to write about a new retail tenant. I was doing them a favor!

# on Aug.31.2008 AT 08:06 PM
4
Karin Liljegren writes:

Yeah, it’s nice to know it isn’t just “me”.

I have the most issue with photographing “normal people”. Normal people are the best because downtown LA is the most insanely diverse group of “normal people” that exists so demographically close to each other. But try to photograph “normal people” and they feel scared - especially the immigrant population obviously. Then I feel bad for making them feel scared. I think documenting “real life” in photographs is one of the coolest things we can do.

Thank you so much for the “downtown lens”, its given great pointers and helped me remember to carry my camera around. I take a lot of random downtown photos now and my friends outside downtown have enjoyed viewing them on my facebook page - a simple way to explain to those in doubt about Downtown - that it has immense unique beauty that captures the essence of Los Angeles.

I also have a collection of “as-built” photos of many of these adaptive reuse loft buildings before we gutted them. I wish I could say they are more artistic. They were way too focused on documenting existing crappy conditions instead of taking the time to be more artful. (plus most are are on film now and who has time to deal with film).

I also think it it fantastic that there are SO many people capturing Downtown via lens. It is, with the exception of the 1920’s and mid 1970s, THE most interesting and vibrant time in Downtown. Let’s capture it!

# on Aug.31.2008 AT 09:18 PM
5
Dave Bullock writes:

Great stories guys. I forgot to mention how they always use the excuse of post-9/11 as if to say we had rights before the terrorists attacked, but they won and now we don’t.

Also if you have some interesting photos please add them to this post using the Readers’ Photos feature.

Thanks!

# on Sep.01.2008 AT 09:52 AM
6
Scott Mercer writes:

There have been over the last 8 years special attention given to people who photgraph public transit facilities, i.e. trains and subways. Rent-a-cops around these places REALLY flip out (okay, not all of them, but a small minority) when they see railfans taking pictures. But, this too, is legal to take photos of. The key being PUBLIC transit facilities. I’ve had guards try to tell me that I can’t do it, it’s illegal, and I had to school them. Fortunately, I did not get arrested, but they still did not believe what I was saying. Sadly, this is just ignorance. Be on guard and stand up for your rights!

# on Sep.02.2008 AT 03:02 PM
7

Critical infrastructure is hypersensitive to photography and other intelligence gathering for good reasons – every single terrorist attack has included onsite visual intelligence gathering of the intended target.

As someone who routinely explores Los Angeles for my images, what I keep in mind are two things:

1) Is the public (or their boss) watching and therefore security feels the need to be seen?

2) Am I in the wrong? That does happen – being on private property (including non-public sidewalks) without permission or realization you have strayed too far or being in a public space after posted closing hours.

You have to learn to respect security’s legitimate role in doing their job while knowing enough to know what the limits of those rights are. For example, even public property owned by municipalities has been licensed for commercial use. Essentially that means you may end up taking a photograph but not having the right to use it commercially. Artistically is, in most instances, a different matter altogether.

My advice is to inform the guards on private property what you intend to do in advance then if they object ask them where their property ends.

If the confrontation escalates once you’ve left their property, call the police and let them mediate the dispute. You’ll make it better for the next person that encounters that guard.

# on Sep.02.2008 AT 06:20 PM
8
fabricio writes:

I carry a copy of the photographer’s rights. When I am asked not to photograph and I know the security is talking out of his ass I ask him if he wants to see a copy of the photographer’s rights… Most of the time they say it won’t be necessary. I find also that just sounding cooperative helps a lot. The typical ‘come on man.. just a couple of shots and I’m gone’ works . I laugh when they ask to see what I photograph. I never hand them anything.

# on Sep.03.2008 AT 04:53 PM
9
JM writes:

Thanks, Dave. That’s very informative, particularly the photographer’s bill of rights. I also thought it was just me being paranoid and having bad experiences, but this is obviously a pretty widespread phenomenon. I’ve had problems outside the US Bank building, of course, and I always have arguments with security guards around Wells Fargo and the surrounding buildings on Bunker Hill. My solution is to go back later or the next day and get my shot. It’s the randomness of it all that gets to me. There’s no consistency: one minute, a group of tourists will walk by happily snapping away, and the next I get busted to taking one photo. From now on, I’ll just ask where the private property in question ends. At least now I know what my rights are. Much appreciated. As for the whole terrorist argument, ever heard of Google Earth and Google Images? Photos of Downtown landmarks are readily available online, if you want them.

# on Sep.04.2008 AT 01:02 PM

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