You'll notice there's no photo with this article. I took the MARTA train to the TOD (Transit Oriented Development) at Lindbergh to do an update article, and was promptly informed by the Bellsouth facilities manager that photographs of the Bellsouth building were not allowed. Instead of finishing my photos of the area I spent my entire alloted time conversing with her about it. I was on what I assume to be city property (the sidewalk at Morosgo Drive).
Now even prior to 9/11 it wasn't uncommon for a security guard or building staffer to attempt to stop me from taking photos. I'd normally handle it on an ad hoc basis. If the person didn't seem to have the immediate power to escalate it to arresting me, I'd politely ignore them and continue taking photos. If escalation seemed imminent I'd back off and contact the facilities legal department for clarification on the policy and the basis of that policy. In every case I was told that the staffer was just overzealous, and there was no such policy.
Granted these incidents were all pre-9/11, so the right to implement the policies may have changed. But can you imagine what taking skylines or street scene shots would be like if every facility was allowed to enact a photography ban?
At any rate at my leisure I'm going to contact Bellsouth's legal department to get some clarification and do a little research on the rights of photography in public places.
Larry,
Several months ago I was photographing the Sembler mixed use project at Little Five Points. Two security women in a jeep told me that I couldn't take pictures unless I had Mr. Sembler's permission. I was pissed, but did not want to cause trouble so I lied,told them that I had permission, gave them my card, and said if Mr. Sembler had any problems give me a call. I have not heard from them.
I was on their main street which I beleive is a public street.
If you get any information on this issue I would appreciate it if you share it with me.
Thanks,
Paul Muldawer FAIA
Posted by: Paul Muldawer | October 04, 2006 at 11:16 AM
Larry,
Several months ago I was photographing the Sembler mixed use project at Little Five Points. Two security women in a jeep told me that I couldn't take pictures unless I had Mr. Sembler's permission. I was pissed, but did not want to cause trouble so I lied,told them that I had permission, gave them my card, and said if Mr. Sembler had any problems give me a call. I have not heard from them.
I was on their main street which I beleive is a public street.
If you get any information on this issue I would appreciate it if you share it with me.
Thanks,
Paul Muldawer FAIA
Posted by: Paul Muldawer | October 04, 2006 at 11:17 AM
Paul,
If you were on Caroline Street you were probably on a public sidewalk.
All the information I've received thus far is that the right to photograph in public places is nearly universal, and that no building facilities or security personnel have any right to stop you. I'm going to post a more complete blog entry on the things I've found soon.
Posted by: Larry Felton JohnsonL | October 05, 2006 at 07:18 AM
Larry,
As a former newspaper photojournalist, you have every right to photograph nearly anything visible from a public place without interference from a cop, security officer or private citizen. Exceptions are things like, not being able to photograph someone, say, inside their home from a public street when they have a "reasonable expection of privacy." And you have the right to sell pictures of anything that is visible from a public space, with a few exceptions like a "public figure's" photograph in an ad that implies endorsement without giving them monetary compensation. But I digress.
As long as you are in the public realm (sidewalk, street, common area) you cannot be told not to photograph, with the rare exception of when police or fire authorities determine an area to be a crime scene, or public risk. (fire, danger of a building fallingn on you, etc..) And even then, they can NEVER take your camera or film.
Although it sucks to have to deal with the hassle that may result, I'd challenge absolutely anyone who told me that I could not photograph a building or a street scene from a public place. As a photojournalist, I had to deal with this often. I had co-workers thrown in backs of squad cars, only to be released with apologies later, so you may not want to confront someone.
But do some research, know your rights, and challenge anyone who tells you otherwise.
"Property owners may legally pro-hibit photography on their premises but have no right to prohibit others from photographing their property from other locations."
This is from one of the best simple resources I've seen. It's one page, and you can keep it in your pocket when you go out.
http://www.krages.com/ThePhotographersRight.pdf
Best of luck...
Posted by: Bill McNeal | October 10, 2006 at 06:37 PM
Please go to youtube and search jeanniewellercooper for my contribution to this discussion! glad to see yr still bloggin' Any info on the new "Egan Park" ? Have short I'd like to post abt the area, but currently too big to go on youtube- keep up the good work-jwc
Posted by: jeanniewellercooper | October 20, 2006 at 01:16 PM
Funny coincidence: I just happened to be on YouTube yesterday, looking for MARTA videos, and one of the videos I watched was by Jeannie.
I was taking aerial photos from MARTA in May. The train operator told me I wasn't supposed to do that, so I stopped.
I'm not sure whether MARTA technically classifies as public or private property, but I've read their rules on photography.
I don't think I would've put up much fuss, 'cuz honestly, I wasn't the least "terrorist-looking" photographer on the train.
MARTA's Photography Policy: http://www.itsmarta.com/newsroom/photo_policy.htm
an aspiring MARTographer: http://img471.imageshack.us/img471/9418/img0155wj2.jpg
Posted by: Tim Obialo | November 07, 2006 at 08:34 PM
Hey Larry,
this picture of the bellsouth building should help
http://www.developingatlanta.com/images/7h22a_000.JPG
Posted by: Giles | January 15, 2007 at 12:10 AM
I was hassled this evening over here in Gadsden, AL. I was on the sidewalk of a bridge over the Coosa river and Hwy 411? taking long exposure photos when some of Gadsden's finest told me to leave. They gave me the old "terrorist" reason. What a crock. I left because I didn't want the hassle but will write the Mayor on Monday. Trying to explain long exposures to that particular officer was like..well I'm not sure what it was like but it was a waste of time.
Posted by: Alex | February 25, 2007 at 01:27 AM