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Actually, this would be a good topic to bring up in class... it should a topic any teacher of photography covers if they're going to send students out into the world with a loaded camera.
So, here is the deal as I understand it - and I am not a lawyer though I did play one in an improv comedy sketch once....don't take my word of any of this.
1) If you're not on their property they have no say in what you take a picture of. If you are on their property they have a say in whether you can remain on their property.... that is, they have every right to ask you to leave if you're on their property. Otherwise, no. You can stand in public property and take a picture of anything your camera can capture.
Of course, they can still call the cops and claim you're casing the place and the cop will probably ask you to move along. If you're ever in that situation and really feel the need to assert your rights, just do it politely.
2) If you are taking a picture of someone elses property for commercial purposes, you must get a property release. If you're taking a picture of a person for commercial purposes, you must get a modeling release. This applies whether you take the picture from their property or from a spy satellite in space.
An exception to this editorial purposes. If you are using the picture editorially, you don't need releases. This is how news papers and magazines can print photos of people as part of a story - its not the fact they are in a public place, its the fact the use is editorial. Same applies to property. Of course, #1 still applies - editorial use is not a license to trespass.
The other exception has to do with recognizability. If the subject of the photo is not easily recognizable as a distinct person or someone's specific property, you can get away without the release.
Where that applies here is those wonderful CVS signs and other recognizable aspects of the structure. If you took an abstract picture of blinds in a window and a reasonable person could no say "hey! that's the window of the CVS" you're OK. If, on the other hand, there was a big fat CVS sale sign in the window, you're in the realm of needing a release... but only if you're going to use the picture commercially.
Seriously, though, you should bring this up in class - its a topic that should be covered. There are more people than ever who insist on harassing photographers in the name of security and public safety. It pays to know your rights even if you're just an amature. You may even win some points with the instructor.
Search some of the photography sites, this topic has been discussed quite a bit. Your best bet is to find some concise satement of your rights, print it on a 3x5 card and carry it in your camera bag. Hand a copy to anyone who gives you grief.
posted by 65.81.41...
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