{"id":744,"date":"2008-02-19T21:27:43","date_gmt":"2008-02-19T12:27:43","guid":{"rendered":"https:\/\/regex.info\/blog\/2008-02-19\/744"},"modified":"2008-02-19T21:27:43","modified_gmt":"2008-02-19T12:27:43","slug":"on-photography-and-rights","status":"publish","type":"post","link":"https:\/\/regex.info\/blog\/2008-02-19\/744","title":{"rendered":"On Photography and Rights"},"content":{"rendered":"\n\n\n\n
<\/a>\nNikon D200 + Nikkor 17-55mm f\/2.8 @ 26 mm — 1<\/sup>\/<\/big>400 sec, f\/5, ISO 400 —\nmap & image data<\/a> — nearby photos<\/a><\/span><\/span>\nConditions of Entry<\/span>\n<\/div>\n\n

When I went to the Heian Shrine yesterday morning during the brief spell\nof amazing snowfall<\/a>, it\nwas with the intention to enter their gardens to take pictures, as I did<\/span> during a snowfall<\/span> two years\nago<\/a>. Most of my pictures from the Heian Shrine, such as yesterday's, or\nof the intense burn<\/a>, or\nthe Setsubun events<\/a>,\nare from the large areas of the Shrine that are open to the public without\ncost. There are other areas, including a large<\/span> and beautiful garden that\ncosts 600 yen (about US $6) to enter.<\/p>\n\n

Unfortunately, it wasn't yet open when I was<\/span> there so I couldn't<\/span> go in,\nbut while looking for a sign<\/span> indicting their hours, I noticed<\/span> the sign\nabove (with the closed entrance to the gardens in the background).<\/p>\n\n

The bottom sign lists things you can't do in the gardens: smoking\noutside the designated smoking areas, bringing in food or drink, hunting\nfish, foul, or clams, or picking flowers or felling trees.<\/p>\n\n

The top sign says that a permit is required to use a tripod<\/span> or monopod,\nand that they are available for 2,000 yen (about US $20); enquire at the\nentrance.<\/p>\n\n

If you read the open forums at Digital\nPhotography Review<\/a> and elsewhere, you'll find that some people get very\nangry with such restrictions; they feel they should be able to take\npictures anywhere they want, in any way they want (or, at least, in any way\nthat they themselves feel is reasonable). They're offended and indignant\nwhen, for example, a mall<\/span> security guard enforces the “no photography”\npolicy that's stated at all the mall entrances.<\/p>\n\n

On the other side of the spectrum, you'll find people who feel\nphotography should be much more restricted, and that it's wrong for a\nstranger,<\/span> for example, to photograph children in a park.<\/span><\/p>\n\n

Much of the angst that both camps feel is likely related to their\nignorance of the applicable laws, so they're surprised when they\nunknowingly run against it. In America, at least, a private<\/span> landowner can\nset pretty much whatever conditions they want for entry to their land. Just\nas the owner of a house<\/span> can set conditions for your being in his living\nroom, the owners of a mall<\/span> (or sporting venue or a restaurant<\/span> or hotel....)\ncan set conditions for your being there. I don't<\/span> know that it would make\nmuch sense for a mall<\/span> (or a shinto<\/span> shrine) to stipulate “photography\nallowed only while wearing red socks”, but I believe<\/span> they should have the\nright to do so if they wish. It's their<\/span> land.<\/p>\n\n

In the case of the shrine and the $20 fee, a knee<\/span>-jerk reaction would\nclaim “it's just another revenue stream!” but again, it's their\nland<\/i>. Sure, it's a revenue<\/span> stream. So what? It's their<\/span> right. I understand<\/span> the need for permits, because it's a tangible<\/span> way for them to\nrestrict the number of obstructions (tripod\/monopod-using photographers)\nduring busy times. They may have found that people poking these things in\nthe ground has increased their maintenance costs, and so picked a $20 fee\nto cover it. Or, it may just be another way to line their pocketbook.\nIt's their land<\/i>...don't enter if you don't agree to the\nconditions.<\/p>\n\n

On the other side, a lot of Americans are surprised to find that if it's\nvisible from public land, it's generally legal to photograph. There are a\nfew<\/span> exceptions related to child pornography, but pretty much anything else\nis legal, including a stranger<\/span> taking photographs of your child at the\npark, or of you picking your nose in rush-hour traffic. In America, there\nare no “expectations of privacy” in public.<\/p>\n\n

I do believe that what should be<\/i> legal is a valid<\/span> subject for\ndebate (unlike some militant photographers, I don't<\/span> feel that photography\nin public is an unalienable, basic human right). Some countries do have\nrestrictions on public photography, such as making it illegal to photograph\nsomeone at “embarrassing times” (e.g. picking their nose). But a debate<\/span>\nabout what should be<\/i> legal is different than what is<\/i> legal,\nand a lot<\/span> of people's anger seems to stem from ignorance of the latter.<\/p>\n\n

Of course, on either side of either debate, the old adage “having the\nright doesn't make it right” certainly holds.<\/p>\n\n

As for myself, I maintain<\/span> my right to look like an idiot, chasing after\nmy kid with my camera shutter on rapidfire.<\/p>\n\n","protected":false},"excerpt":{"rendered":"

When I went to the Heian Shrine yesterday morning during the brief spell of amazing snowfall, it was with the intention to enter their gardens to take pictures, as I did during a snowfall two years ago. Most of my pictures from the Heian Shrine, such as yesterday's, or of the intense burn, or the Setsubun events, are from the large areas of the Shrine that are open to the public without cost. There are other areas, including a large and beautiful garden that costs 600 yen (about US $6) to enter.<\/p>

Unfortunately, it wasn't yet open when I was [...]","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,1],"tags":[],"_links":{"self":[{"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/posts\/744"}],"collection":[{"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/comments?post=744"}],"version-history":[{"count":0,"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/posts\/744\/revisions"}],"wp:attachment":[{"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/media?parent=744"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/categories?post=744"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/regex.info\/blog\/wp-json\/wp\/v2\/tags?post=744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}