Respect my authority!
/The Convention Centre Dublin (CCD) was completed, sitting there, begging to be photographed with it's unique design. I wanted something different, up close and personal, a picture that would really stand out from the crowd. Little did I know I was about to get more than what I bargained for…
I decided on a early morning shoot. That way I could also get a well balanced exposure between the lights on the building and the ambient light. I packed my bag the night before, excited to do the shoot, set my alarm. Woke up the next morning and headed out before 6 am.
Gear Used: Nikon D700 | f/22 @ 16mm | Manfrotto XB055 Tripod | Kirk Enterprises BH-3 Ball Head | L-Bracket | MC-36 Cable Release
I got down to a low position, laying prone on the ground, squeezed under my tripod. A very awkward position, which must have looked hilarious to anyone seeing it, but it was early. I managed to get a good couple of shots off before I saw someone coming towards the entrance from inside the building.
I didn't need to guess who it was. It could really only be security from the building at this time, and sure enough it was. They'd spotted me on CCTV and the supervisor had asked one of the guys to go down and check what the weird dude laying down on the ground was doing.
To which I answered that I was photographing the building. I was then asked if I had a permit, which I didn't, whereby I was then asked to vacate the premises.
So I packed up my gear and went my merry way. I felt I had at least gotten the shot I came to capture, before having to, eh, leave…
But why was I asked to leave? Aren't you allowed to take photos of CCD? Does this mean everyone that's ever taken a photo of CCD is breaking some sort of law?
Well no, there is a reason I was asked to leave. It comes down one single simple thing. I was on their premises and I didn't have prior authorisation to come there and shoot.
Gear Used: Nikon D700 | f/11 @ 23mm | Manfrotto XB055 Tripod | Kirk Enterprises BH-3 Ball Head | L-Bracket
So what are the rules?
In general, if you are in a public place you can photograph any buildings, public or privately owned as long as you aren't trespassing. In the case of the CCD, had I been shooting outside their premises, from the public street or sidewalk they couldn't have made me leave.
The picture to the right, is an example of this, I didn't need a permit as it is a public space. It doesn't matter in this instance if the building is privately owned or not. But does this then mean I can use a picture any way I choose?
It depends for what purpose, where you are and local laws that applies. In Ireland I could use a photograph like this on for a photo book without any issues. That being said you should always get a property release signed by the owner(s) if you are planning to use your photographs commercially, whereby the owner(s) allows the photographer to use the images for any purpose they choose.
The Takeaway
For private property situations, get a permit signed to allow you to be there for the purpose of shooting the property in question, between so-and-so hours on a specific date. Had I done this I wouldn't have had any problem shooting at the CCD. Just because you are allowed on the premises of a property doesn't necessarily mean that you can use the pictures for whatever you like. This is where a property release would come in.
If you are planning to use the photographs for commercial purposes, such as advertising or selling them at a stock agency, always, always get a property release signed by the owner(s) or other authorised representative of the property you are shooting. Some stock photo sites or advertisement agencies won't even allow you to sell you pictures if you do not have a property release signed. Further a property release will provide you, as the photographer, with assurance that you have the right to use your pictures the way you want. Should the owner, or future owners of a property later come after you with legal action, (assuming the property release was well written), you will be well protected and the owners should lose out, should it go to court, (at least that is what my solicitor said). Bear in mind there are exceptions, and you may not always need a release in all situations, such as news worthy content, art gallery exhibitions, but when in doubt get one, or speak to a solicitor that specialises in intellectual property. They can even write a release for you.
And if you ever are asked to leave a property for whatever reason, simply leave, quietly, there is no need to argue or kick up a fuss. In the case of CCD, there was no fuss, no yelling, no one getting upset. I must hand it to the security there, they were nice about the whole thing.
Lastly I want to note that this post should not be taken as legal advise, this is what I have experienced personally and may not apply in anyway to your own legal situation. I am not a solicitor, and therefore I seek their professional and expert advise whenever I am in doubt and so should you!
