Forums > Photography Talk > Is It Illegal to Photograph a Farm?

Photographer

NothingIsRealButTheGirl

Posts: 35726

Los Angeles, California, US

Not yet, but they're working on it...

http://lens.blogs.nytimes.com/2011/03/0 … tw-nytimes

Mar 08 11 08:38 pm Link

Photographer

Laubenheimer

Posts: 9317

New York, New York, US

it's not so much the farm....but what's in it....

well....at least here in washington.......

Mar 08 11 08:56 pm Link

Photographer

Stephen Melvin

Posts: 16334

Kansas City, Missouri, US

A felony?!?

Yeah, that'll hold up to court challenge.

Mar 08 11 09:15 pm Link

Photographer

WCR3

Posts: 1414

Houston, Texas, US

It's a long way from introducing a bill to having it pass both houses and then be signed into law by the governor. Lots of silly stuff gets introduced. On the other hand, we have veggie libel laws in a number of states. See http://en.wikipedia.org/wiki/Food_libel_laws. So something like this could happen.

Traditionally, photographers have been able to take photographs of anything visible from public spaces like roads, sidewalks and parks. Whether or not they can use them, e.g. sell or publish them, is another story. Property owners have their own set of rights. If the bill passes into law, photographers in Florida should consult their lawyers before planning a shoot on a farm or where the farm can be seen unless they have written permission of the landowner or his or her authorized representative.

Mar 08 11 09:16 pm Link

Photographer

nyk fury

Posts: 2976

Port Townsend, Washington, US

yeah, and there is a bill in georgia right now that makes having a miscarriage a death penalty offense. don't ya just love the south?

Mar 08 11 09:27 pm Link

Photographer

Eric212Grapher

Posts: 3781

Saint Louis, Missouri, US

...written consent of the owner, or an authorized representative of the owner...

Perhaps farmers consider themselves artisans building a picturesque scene and are tired of photographers taking snapshots of their artwork and stealing the profits. Perhaps.

Some building owners feel they own the copyright to the building's appearance as well.

...just a thought off the reservation

Mar 08 11 09:38 pm Link

Photographer

Andrew Thomas Evans

Posts: 24079

Minneapolis, Minnesota, US

photo212grapher wrote:
Some building owners feel they own the copyright to the building's appearance as well.

Some do, if I'm not mistaken.



Andrew Thomas Evans
www.andrewthomasevans.com | www.mplsfashion.com

Mar 08 11 09:54 pm Link

Photographer

QuaeVide

Posts: 5295

Pacifica, California, US

Cops are photographed mistreating citizens - make it a crime to photograph cops.

Farmers are photographed mistreating animals - make it a crime to photograph farmers.

Next?

Mar 08 11 11:53 pm Link

Photographer

Fred Greissing

Posts: 6427

Los Angeles, California, US

QuaeVide wrote:
Cops are photographed mistreating citizens - make it a crime to photograph cops.

Farmers are photographed mistreating animals - make it a crime to photograph farmers.

Next?

+1

It;s about hiding not only animal cruelty, but hiding the disgusting images from the public so they can keep buying el Pollio Loco and Big Macs without seeing the cronically sick animals their food comes from.

Do a search for Meet your Meat to see what they want to hide.

This is not about the honest small farmer.

Also see Food Inc.

Mar 09 11 12:13 am Link

Photographer

Photos by Lorrin

Posts: 7026

Eugene, Oregon, US

There are images of farms that have made photographers $1000's of dollars and the farmer never received a dime.

I believe some buildings erected after a certain date are now covered by copyright.

Not sure when this went into effect or if it is only in Oregon.

The University of Oregon wants to be paid for every image of new buildings and the "O" if it is sold.

Our camera club ran into this problem with Autzen Stadium with out publicity calender.

There is a tree in Montery that is copyrighted and it went to court with ASMP suing.

Mar 09 11 12:19 am Link

Photographer

Hoodlum

Posts: 10254

Sacramento, California, US

Lorin Edmonds wrote:
There are images of farms that have made photographers $1000's of dollars and the farmer never received a dime.

I believe some buildings erected after a certain date are now covered by copyright.

Not sure when this went into effect or if it is only in Oregon.

The University of Oregon wants to be paid for every image of new buildings and the "O" if it is sold.

Our camera club ran into this problem with Autzen Stadium with out publicity calender.

There is a tree in Montery that is copyrighted and it went to court with ASMP suing.

This bill has nothing to do with © claims or anything like that. This bill is to protect the agi business from being caught violating animal safety and health regulations.

Mar 09 11 03:23 am Link

Photographer

Digitoxin

Posts: 13456

Denver, Colorado, US

The bill is likely unconstitutional and the politician sponsoring it likely knows that.

I don't live in Florida but I will now do what I usually do in cases like this....

I will write this fool and tell him how I feel.  I will also tell him that while I can't vote for him in Florida, I can send donations to anyone who runs against him.  I have done so in the past and will likely do so in this case too.

Damn fool pandering to the ag lobby.

Mar 09 11 03:38 am Link

Photographer

Photos by Lorrin

Posts: 7026

Eugene, Oregon, US

Hoodlum wrote:

This bill has nothing to do with © claims or anything like that. This bill is to protect the agi business from being caught violating animal safety and health regulations.

I know but this is being discussed elsewhere.

In my state, there is a move to require photographers to pay a fee to photograph on public land like a hunting license and the funds to be used to improve photosites - like building blinds. and paths.

Mar 09 11 03:45 am Link

Photographer

2020 Photography

Posts: 440

Saint Petersburg, Florida, US

I currently live in Florida (but I won't for much longer) and this does not surprise me at all.  This state is nothing more than a cesspool run by greedy, self-serving politicians who have completely forgotten why they were elected and who they truly work for.  The current Governor was not elected because he can do a good job (which he cannot) or because he was the best candidate, he was elected simply because he was the best of the worst.  Ever since Jeb Bush unleashed his reign of devastation here Florida has never been the same and probably never will be.

Mar 09 11 04:01 am Link

Photographer

Photos by Lorrin

Posts: 7026

Eugene, Oregon, US

I think to solve a perceived problem with PETA.

Some things done with animals on farms are not pleasant to watch as a farmers kid I can say from experience.

Mar 09 11 05:27 am Link

Photographer

ForeverFotos

Posts: 6662

Indianapolis, Indiana, US

I'm sure the government doesn't want all of the high tech secrets of the farm exposed to the general public. tongue

https://www.edb.utexas.edu/resources/team/images/L1_Polish_tobacco_farmers.jpg

Mar 09 11 05:35 am Link

Photographer

No mas

Posts: 1114

Saint Louis, Missouri, US

Fred Greissing wrote:

QuaeVide wrote:
Cops are photographed mistreating citizens - make it a crime to photograph cops.

Farmers are photographed mistreating animals - make it a crime to photograph farmers.

Next?

Fred Greissing wrote:
+1

It;s about hiding not only animal cruelty, but hiding the disgusting images from the public so they can keep buying el Pollio Loco and Big Macs without seeing the cronically sick animals their food comes from.

Do a search for Meet your Meat to see what they want to hide.

This is not about the honest small farmer.

Also see Food Inc.

Maybe it's time we ban reporters in foreign countries from documenting various events... I think Iran and China, among others, are guilty of suppressing the press.  Food Inc was a good documentary.  Opened my eyes up quite a bit.

Mar 09 11 05:43 am Link

Photographer

No mas

Posts: 1114

Saint Louis, Missouri, US

double post.

Mar 09 11 05:43 am Link

Photographer

Ezhini

Posts: 1626

Wichita, Kansas, US

photo212grapher wrote:
...Some building owners feel they own the copyright to the building's appearance as well.

...

In actuality, the archietct who designed the building owns the copyright of the design and thus the image... Even if the owner pays for designing it ... just like an oil painting...even if a patron pays to buy the actual physical painting and hangs it in their home....the image is still the copyrighted property of the artist....so it is with buildings and architects.

Mar 09 11 07:58 am Link

Retoucher

Retouch Artistry

Posts: 459

Lansing, Michigan, US

We're talking about Florida. All sorts of ridiculous bills that step on the public's rights are written here. I don't find this remotely surprising. Absurd, yes. But, definitely not surprising.

Mar 09 11 08:11 am Link

Photographer

robert christopher

Posts: 2706

Snohomish, Washington, US

QuaeVide wrote:
Cops are photographed mistreating citizens - make it a crime to photograph cops.

Farmers are photographed mistreating animals - make it a crime to photograph farmers.

Next?

It is a crime to photograph a policeman in Maryland.

Mar 09 11 02:34 pm Link

Model

Antonia79

Posts: 27

Cincinnati, Ohio, US

Fred Greissing wrote:

+1

It;s about hiding not only animal cruelty, but hiding the disgusting images from the public so they can keep buying el Pollio Loco and Big Macs without seeing the cronically sick animals their food comes from.

Do a search for Meet your Meat to see what they want to hide.

This is not about the honest small farmer.

Also see Food Inc.

but I like my growth hormone induced, cronically sick beef smile

Mar 09 11 02:41 pm Link

Photographer

Alex M Wolff Photograph

Posts: 342

Jericho, New York, US

WCR3 wrote:
It's a long way from introducing a bill to having it pass both houses and then be signed into law by the governor. Lots of silly stuff gets introduced. On the other hand, we have veggie libel laws in a number of states. See http://en.wikipedia.org/wiki/Food_libel_laws. So something like this could happen.

Traditionally, photographers have been able to take photographs of anything visible from public spaces like roads, sidewalks and parks. Whether or not they can use them, e.g. sell or publish them, is another story. Property owners have their own set of rights. If the bill passes into law, photographers in Florida should consult their lawyers before planning a shoot on a farm or where the farm can be seen unless they have written permission of the landowner or his or her authorized representative.

This is about it. Dont trespass.

Mar 09 11 03:19 pm Link

Photographer

Archived

Posts: 13509

Phoenix, Arizona, US

Ezhini wrote:
In actuality, the archietct who designed the building owns the copyright of the design and thus the image... Even if the owner pays for designing it ... just like an oil painting...even if a patron pays to buy the actual physical painting and hangs it in their home....the image is still the copyrighted property of the artist....so it is with buildings and architects.

Can you show me the law that says that? I find it hard to believe that the copyright of every photograph of a structure belongs not to the photographer, but to the architect.

Mar 09 11 03:23 pm Link

Photographer

Dan OMell

Posts: 1415

Charlotte, North Carolina, US

photography in itself is ILLEGAL business per se.
pure and simple.
deal with it accordingly










smile

Mar 09 11 03:25 pm Link

Photographer

Michael Bots

Posts: 8020

Kingston, Ontario, Canada

I remember years ago a CBC TV news crew was threatened with violence for filming a controversial chemical plant in Niagara Falls from a state highway/public road. They broadcast the footage.

Mar 09 11 03:26 pm Link

Photographer

Hoodlum

Posts: 10254

Sacramento, California, US

Lorin Edmonds wrote:

I know but this is being discussed elsewhere.

In my state, there is a move to require photographers to pay a fee to photograph on public land like a hunting license and the funds to be used to improve photosites - like building blinds. and paths.

That's disgusting. Just one more freedom of this once free country being eroded away.

Mar 09 11 03:32 pm Link

Photographer

afplcc

Posts: 6020

Fairfax, Virginia, US

I think the bill is a bad idea but what's being reported about it is a bit of a distortion.  The purpose of the bill is to protect agra-business...they don't want you photographing plants, equipment or orchard/farm layout that might reveal how they're growing stuff.  That's not a "south" thing, it's an agribusiness thing so California, mid-west, Florida, anyplace with significant agricultural business has some interest in this.  I wouldn't be surprised if some version of this does pass--phrased as a "trade secrets" protection act. 

Ed

Mar 09 11 06:29 pm Link

Photographer

Studio 277

Posts: 131

WINSTON SALEM, North Carolina, US

Digitoxin wrote:
The bill is likely unconstitutional and the politician sponsoring it likely knows that.

I don't live in Florida but I will now do what I usually do in cases like this....

I will write this fool and tell him how I feel.  I will also tell him that while I can't vote for him in Florida, I can send donations to anyone who runs against him.  I have done so in the past and will likely do so in this case too.

Damn fool pandering to the ag lobby.

Great idea. I do this as well and encourage all to consider this. This appears to be another example of the many bills being put forth and laws being enacted since the last election cycle that infringe on all of our rights.

Anyone think this doesn't affect you because you don't shoot on farms in Florida? The thing is if this passes, what is next? Whatever and where ever you shoot, any of our favorite subjects/locations could be next. This movement to strip us of our rights needs to be stopped now!

Mar 09 11 07:21 pm Link

Photographer

Clarence Zimmerman

Posts: 4050

Orlando, Florida, US

Land of the pay per view... Nothing is free anymore, please keep your eyes closed at all times and your hands in the car...

Mar 09 11 07:33 pm Link

Photographer

Halcyon 7174 NYC

Posts: 20109

New York, New York, US

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Mar 09 11 07:35 pm Link

Photographer

Christopher Carter

Posts: 7777

Indianapolis, Indiana, US

I'd be willing to bet a lot of this has to do with Corporations that don't want photos of their crops grown on their farmers lands.

I mean farms are private property, but they still have the same limitations of shooting from the street as any other property. This screams corporate bullshit.

Mar 09 11 07:36 pm Link

Photographer

byebyemm222

Posts: 1458

ADAK, Alaska, US

dave wright phx wrote:

Can you show me the law that says that? I find it hard to believe that the copyright of every photograph of a structure belongs not to the photographer, but to the architect.

The specifics can be found in the same place you find specifics regarding copyright of photos, on the government's website. I don't remember them myself, but I seem to recall that for the most part the copyright is of the design. This copyright is intended to prevent someone from building an identical property without the permission or payment to the architect who designed it originally and would similarly cover slight changes that clearly are intended to circumvent copyright infringement (such as just shuffling a couple rooms around). I don't know that the law extends to the actual physical appearance in a photograph, so I can't say one way or the other with certainty if it's in violation or not. If I remember right, I didn't actually find a clear answer to that question. I can say that when I get hired to produce architectural work for clients, I am specific in informing them that they need to investigate the potential for infringement before publishing the images and that I make no guarantees one way or the other.

Mar 09 11 07:51 pm Link

Photographer

BK Shuman Photography

Posts: 430

Springfield, Ohio, US

I farm 1500 acres in Ohio. I think this bill is Bull Shit. Just another way to reduce our rights.

Mar 09 11 08:45 pm Link

Photographer

QuaeVide

Posts: 5295

Pacifica, California, US

afplcc wrote:
I think the bill is a bad idea but what's being reported about it is a bit of a distortion.  The purpose of the bill is to protect agra-business...they don't want you photographing plants, equipment or orchard/farm layout that might reveal how they're growing stuff.

If that's the case, put a wall around it.

Mar 09 11 09:10 pm Link

Photographer

TerrysPhotocountry

Posts: 4649

Rochester, New York, US

When they ask you what are you in here for? It might sound better if you tell them you shoot up a guys farm?

Mar 09 11 09:14 pm Link

Photographer

NothingIsRealButTheGirl

Posts: 35726

Los Angeles, California, US

dave wright phx wrote:
Can you show me the law that says that? I find it hard to believe that the copyright of every photograph of a structure belongs not to the photographer, but to the architect.

Does copyright protect architecture?

Yes. Architectural works became subject to copyright protection on December 1, 1990. The copyright law defines “architectural work” as “the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings.” Copyright protection extends to any architectural work created on or after December 1, 1990. Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection. See Circular 41, Copyright Claims in Architectural Works

http://www.copyright.gov/help/faq/faq-protect.html

Mar 09 11 09:18 pm Link

Photographer

QuaeVide

Posts: 5295

Pacifica, California, US

From the excerpt given, it sounds like Google will need to request permission from every farmer to include their land in satellite imagery.

BTW "pictorial" would include sketches and paintings.

Mar 09 11 09:23 pm Link

Photographer

QuaeVide

Posts: 5295

Pacifica, California, US

Don't miss the first section of the bill:

http://www.flsenate.gov/Session/Bill/2011/1246/BillText/Filed/HTML wrote:
(1) A person who enters onto a farm or other
   11  property where legitimate agriculture operations are being
   12  conducted without the written consent of the owner, or an
   13  authorized representative of the owner, commits a felony of the
   14  first degree, punishable as provided in s. 775.082, s. 775.083,
   15  or s. 775.084, Florida Statutes.

Merely entering onto a farm to ask for directions would be a felony.

Mar 09 11 09:33 pm Link

Photographer

Philipe

Posts: 5302

Pomona, California, US

I don't know, unless your monsanto, in that case the government will let you rape the food supply and if you are monsanto, you can do what ever you want including suing farmers if they're not careful. They already have pattens on seeds, and if one of their seeds lands on your crop and you start growing crops from their seeds, even with out knowing it, they can sue you....... Even if a seed lands on your crop accidentally.

You can thank, your U.S (corrupted) government for that....

Mar 09 11 09:37 pm Link