The Most Important Thing You Will Download Today

A lawyer giving something away for free? That's right.

Attorney Bert Krages has a free downloadable guide explaining your rights when you are stopped or confronted for photography. You can also get a legal handbook for Photographers and information about photographer's rights in the UK and Australia on his site. (Bert Krages Photographer's Rights Page)

There is also a lot of confusion about tripod and flash rules in national parks (sometimes even the park service employees don't know the rules) Print out this information and keep it in your kit for your next trip. Side note: most of the monuments in Washington DC are under the control of the National Park Service, but a different set of rules applies to the White House- so check before you go.

—Kathleen Davis

Comments

[Andrew Ferguson]

You can also find similar legal information for photographers in Canada over at Ambient Light:

http://ambientlight.ca/laws.shtml

[Chip Py]

I am a longtime resident of Silver Spring, Maryland. Back in the mid nineties through
my involvement with the Greater Silver Spring Chamber of Commerce and what
was then called the Silver Spring Urban District, I participated in many of
the activities leading up to the development of the new Downtown Silver
Spring.

I have many hobbies and one of them is Photography. One could describe the
kind of pictures that I take as ³Urban Landscape². Through the popular
photography website Flickr, I participate in a photography group known as
³DC Neighborhoods² where we pick a neighborhood, photograph its character
and ambiance, and then post it to this site to share with the group and
others.

This past Tuesday, I went to downtown Silver Spring, had lunch, and then
took out my camera and standing on Ellsworth Avenue, I began taking shots of
the buildings with the blue sky and clouds as a backdrop. Almost
immediately, a security guard approached and told me ³there was no picture
taking allowed in Downtown Silver Spring.² What do you mean² I said, ³I am
on a city street, in a public place, taking pictures is a right that I have
protected by the first amendment.² The guard told me to report to the
management office.

There, Stacy Horan informed me that Downtown Silver Spring including
Ellsworth Avenue is private property, not a public place, and subject to the
rules of the Peterson Companies. They have a no photography policy to
³Protect them from people who might want to use the photographs as part of a
story in which they could write bad things about us.² And she told me that
many of the chain stores in Downtown Silver Spring don¹t what their
³concepts² to be photographed for security reasons. There was also a concern
that I might sell my photographs and that is not allowed. I told her that I
was well aware of my rights to take pictures on public property, any
pictures that I take I have a right to sell, and questioned how they could
have a policy that limits our individual rights when Downtown Silver Spring
was built with public money.

I found out later that it is true Ellsworth Avenue was turned over to
Peterson Companies through the process of condemnation.

So now I¹m wondering: If this is a $1.2 billion public/private investment as
stated in Tuesday¹s New York Times article about the downtown renaissance,
where do the public¹s rights end and the private corporations policies
takeover?? In discussing this with fellow Silver Spring residents I have
been told that we are not allowed to campaign, petition or protest in
Downtown Silver Spring. These are basic American values, true to our
beliefs, and in the Downtown Silver Spring they are banned?? In this age of
eroding individual rights should the people of Silver Spring accept this??

It is my understanding that the county continues to spend public funds
promoting Downtown Silver Spring and I wouldn¹t discourage this, but I think
that the county should have a conversation with the Peterson Companies about
their policies in regards to these basic American values and freedoms.

I don¹t think that the people of this county are willing to trade their
rights of free speech or the right to petition assemble and protest in their
own downtown for a Starbucks or a Potbelly¹s.

[Lori]

If this company owns the streets too, I wonder if our Tax money still pays to repair and maintain it? If it does I would start electing new officials to get that changed as well!!!

[Wayan]

If you've read the Baltimore Sun article, then you know that the Downtown Silver Spring developers have altered their policy to allow limited photographer access to Ellsworth Drive. That's great, but not what we're asking for.

Free Our Streets is asking for PFA Silver Spring LC to welcome photography, videography, and other filming on Ellsworth Drive, consistent with First Amendment
rights as they would apply on any other public street.

The Downtown Silver Spring development includes $187 million in county and state funds and the once completely public property Ellsworth Drive, public investment that should come with public rights.

And so the Downtown Silver Spring Photo Walk is still on. A declaration of photographic freedom on July 4th.
http://www.freeourstreets.org/2007/06/27/downtown-silver-spring-photo-outing/