Private Property, Public Domain, and People Issues(The Four P's)

Photographers in the field should be mindful of private versus public property, and recognize landowners concerns regarding your presence on their land. This article comes under the heading of etiquette when photographing in the field as it relates to those issues. I won’t discuss the legal aspects, I don’t have that schooling. The comments here come from personal experience and common sense.

Based on this experience I can also inform you of where testy property owners and farmers with shotguns reside. I don’t intend to imply that all farmers are unfriendly and like to wave shotguns at strangers. No offense taken, I hope. I got to make the acquaintance of a few in my younger days when vacationing in rural South Dakota and most are decent friendly folk, except maybe this one ole codger I met. Well, 9 out of 10 isn’t bad!

Honestly, I have never run across a farmer brandishing a shotgun, but I have had a few testy folks interrupt an otherwise pleasant photo shoot, but very few. In fact most folks I have met were downright cooperative.

I respect “No Trespass” signs and never intentionally place myself on someone’s property without their permission. Most folks, like you and me, are just looking out for their and their neighbor’s real estate, so most of the time the locals are just making friendly inquiries.

Urban and country folks tend to be more laid back, I think, just because of less crowded living conditions. However, they require that you respect them and their domain. You don’t need permission to photograph if you are outside of their property. A note on that comment is that given laws and interpretations most anything can be contested especially when it comes to private and public domain and the right to photograph such. In a court of law the interpretation can turn 180 degrees.

If getting a better shot means getting on the property I’ll avoid doing so unless I get permission and I’ll ask if they are around. Otherwise, I don’t intrude by knocking on their doors and interrupting a freshly microwaved Hungry Man TV dinner for instance, but that is a personal preference. I just put myself in their shoes. Use your personal judgment based on the situation.

I don’t want to give some false impression of the frequency of running into people who question your presence while you are in the photo field. In my experience it seldom happens, for one, because most places I shoot are in the public domain. In fact there are a few cases where I have been invited onto someone’s property when the owner saw I was toting a camera. In fact, on two occasions they were farmers…touché!

On another note extending slightly outside the private land issue it also pays to be knowledgeable and mindful of customs, religious beliefs, and traditions. Certain groups can be sensitive to photography of temple and church interiors. Some American Indian tribes will not permit ceremonies to be photographed and even some pueblos of Arizona have photo restrictions. It pays to inquire and abide out of respect. Do your homework before you go.

The Amish people prefer not to be photographed based on religious beliefs. Museums and art galleries can have restrictions on photography as well, sometimes only with regard to flash. I assure you, if it is the Louvre, they will let you know.

Attention…I would be remiss if I didn’t extrapolate on the comment I made about public domain. Take heed…judgment is very important here, especially if in a foreign country. Military bases are one exception. The men in brass tend to get a little excited when they see someone carrying a camera even near a military compound. If the guy asking questions is in uniform pay particular respect. You don’t want to find yourself in some Turkish prison spending time with some sex starved fellow named Ali Bubba!

authored by Lon Britton