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I'll jump straight to the point: Is it legal to sell prints of photos from abandoned structures? My concern is that it could be used as evidence of my trespassing, and that it would be drawing attention to the buildings, or a “negative” part of the city (and the state), which would get the city (and the state) super pissed and would probably mean they’d take some sort of legal action I just don’t want to get fined for something as pointless as this.
Horizons unlimited and unified |
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I really don't think you risk anything from the pictures alone. If you don't appear in the pictures, you can just say they were taken by a toy drone you flew inside the abandonment. Moreover, some states have very short statute of limitations for trespassing, so you can't get prosecuted after x months or years. So if you don't have any clear date indicator on your pictures, it will be a hassle to prove that you have been there before that time.
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Although unlikely, it could potentially have negative effects in the long run, but it's not illegal. I've been thinking about printing a few for some friends, but i don't think my photography is anything spectacular, worthy of a price tag. Anyone have any suggestions of where to have prints made?
"When it rains, just find bigger drains." |
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I've been doing it for years
"Great architecture has only two natural enemies: water and stupid men." - Richard Nickel |
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Posted by relik ... Anyone have any suggestions of where to have prints made?
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FedEx print locations generally do a good job with printing if you already have a background in print media. They also have a range of printers that can do large format (around 4ftx3ft) BW for around 70 cents/ft^3 all the way up to large format gloss color prints and even banners. Most of it can be done same day or you can go through their website. Other smaller specialty outfits can probably do a nice job as well, but you can find a FedEx almost anywhere so that is why I suggested it.
As far as pictures go, as long as you are careful, there is no way they can say you took the pictures. If something comes forward, just shut up and get a lawyer- they can definitely get you off the hook.
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Posted by romainpp Moreover, some states have very short statute of limitations for trespassing, so you can't get prosecuted after x months or years.
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Seeing this really got me curious on what the statue of limitations is for my state, PA, for trespass. 2 years. I thought that was ridiculous until I searched a neighboring state that has a 6 year SOL for trespass. 6 years for trespass seems like a tad excessive.
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Posted by JKuhnss
Seeing this really got me curious on what the statue of limitations is for my state, PA, for trespass. 2 years. I thought that was ridiculous until I searched a neighboring state that has a 6 year SOL for trespass. 6 years for trespass seems like a tad excessive.
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Yeah, the SOL in NY for trespassing seems to be 3 years, although it seems that it could be less for a minor, unless the the SOL hasn't ended by the time the minor's 18th birthday.
Horizons unlimited and unified |
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But it doesn't matter what the SOL is if they can't figure out when the photograph was from, which seems like it would be really difficult to determine unless the place was recently abandoned. That said, Louisiana's is one year. WOOOHOO!
"Friendship is a Vertue oftener found among Thieves than other People, for when their Companions are in Danger, they venture hardest to relieve them." |
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It's funny because in NJ, the state that has a 6 year SOL for trespass, has less time for assault, arson, kidnapping, and robbery. Didn't know kidnapping somebody was worse then exploring an abandoned building, law-making at its finest!
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Posted by JKuhnss It's funny because in NJ, the state that has a 6 year SOL for trespass, has less time for assault, arson, kidnapping, and robbery. Didn't know kidnapping somebody was worse then exploring an abandoned building, law-making at its finest!
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In NY assault and battery is only 1 year and medical malpractice is 2 Because apparently going inside an old building is worse than both those things...
[last edit 10/23/2014 10:37 AM by Auseklis - edited 1 times]
Horizons unlimited and unified |
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Its not the selling or making of a print that would be the issue. Putting photos online is much more incriminating and look at how many people do it all day everyday. You really have nothing to worry about.
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i may be wrong, but i think that since you didnt have permission to enter the buildings, your images belong to the building owner, not you. in michigan, the statute of limitations for any misdemeanor is 1 year. 7 years for a felony. there isnt one for murder and i personally know people who have been busted for posting pix
[last edit 10/23/2014 7:56 PM by R3d - edited 1 times]
i wanna be sedated |
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I've actually had great conversations with police officers, city by-law enforcement agents and executives from Toronto Water at some of the shows I've done. Unless you're breaking into active buildings to steal/vandalize I can hardly see anyone using images against you. it's just not worth their time.
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Posted by R3di may be wrong, but i think that since you didnt have permission to enter the buildings, your images belong to the building owner, not you. |
definitely wrong. If you took the photos they belong to you. 100%
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im no lawyer, but then again, neither are you.
i wanna be sedated |
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it shouldnt take a lawyer to interpret the basics of copyright law. If anything I really thought that information was common knowledge. regardless, here's a summary of the law as I've interpreted it. In short - As a private (non-commercial) photographer, any photo you take belongs to YOU. It doesnt matter where you took the photo or what the subject matter is - if you composed the shot and pressed the shutter, it belongs to YOU. Generally speaking nobody, up to and including the police, can force you to delete or surrender a photo for any reason. good resource for additional reading: http://www.langley...raphers-Rights.pdf http://ambientlight.ca/laws/
[last edit 10/23/2014 9:18 PM by terapr0 - edited 1 times]
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cool! ive been busted 3 or 4 times. theyve confiscated my gear, and flat out told me that the pix dont belong to me. however, i always got my memory cards and videos cameras back...still with my stuff on them. they regretted it lol
i wanna be sedated |
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yea it's pretty fucked up how police will choose to selectively interpret the law to suit their immediate needs. Unfortunately a lot of times flexing ones rights only serves to escalate the situation. Although that PDF applies on to Canadian Law, it's a pretty handy thing to print out and tuck away in your bag. I'm sure there are plenty of equivalents tailored to the US. my guess is that you guys have even more protection under the law than us in Canada.
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im from detroit. anything goes. come visit us some time
i wanna be sedated |
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im having an american law student look it up for us. she may not have the time, but i dont know of anyone who has had trouble like this
i wanna be sedated |