The other day some photo/video friends of ours MindCastle Sudios and us were hanging out messing around with our photo/ video equipment in a perfectly public location and got hassled by a couple of security guards. Thankfully I was a journalism major in college and knew my first ammendment rights and had censorship laws/rules ingrained in me by Professor Senate :)
We have got to know our rights as photographers and journalists. Here's some info that might be helpful:

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.
II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.
III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.
IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.
V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.
VI. The following can almost always be photographed from public places, despite popular opinion:
· accident & fire scenes, criminal activities
· bridges & other infrastructure, transportation facilities (i.e. airports)
· industrial facilities, Superfund sites
· public utilities, residential & commercial buildings
· children, celebrities, law enforcement officers
· UFOs, the Loch Ness Monster, Chuck Norris

VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.
VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)
IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.
X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.

WHAT TO DO IF YOU’RE CONFRONTED
· Be respectful and polite. Use good judgement and don’t escalate the situation.
· If the person becomes combative or difficult, think about calling the police.
· Threats, detention, and taking your camera are all grounds for legal or civil actions on your part. Be sure to get the person’s name, employer, and what legal grounds they claim for their actions.
· If you don’t want to involve the authorities, go above the person’s head to their supervisor or their company’s public relations department.
· Call your local TV and radio stations and see if they want to do a story about your civil liberties.
· Put the story on the web yourself if need be.

MORE RESOURCES · We’ve condensed these facts a great deal. We recommend downloading The Photographer’s Right and keeping a couple of copies in your camera bag if you’re shooting somewhere you might expect trouble.
· Andrew Kantor has written a good article and a PDF summary of your rights, including some of the ins-and-outs of publishing your pictures.

I get asked frequently how I find and 'get into' such sweet locations. Well folks the answer is I never ask for permission just forgiveness. Most people will let you off the hook when you say you're photographing a madly in love couple for their engagement session. I have never been arrested, although I have come close :) But it is always well worth the risk to just go for it. Most times when you act like you own the place people think you do :) Give it a shot I bet you will get into some real sweet spots that you never thought possible. Hop a fence or two, and hopefully you'll get some really adventurous couples that will come over with ya :) Here's a couple of my favorite "Treaspassing" images:

Moleskine is a legendary notebook that has held the inspirations and ideas of everyone from Van Gogh, Picasso and Hemingway to famed author, Bruce Chatwin. Artists, authors, and geniuses of a wide variety have long appreciated the simplicity and superior functionality of these notebooks. It is just one type of notebook that I really like because they have so much history and personality, but really any will work. Keeping a journal is something that I have done since I can remember... it is a great way that I can now go back and see the journey that life has taken me on and all the interesting people, places and idea's I have run into along the way. As an artist, I think it is especially important because you never know when you will hear or see that thing that offers a tiny but significant source of inspiration. Plus it really helps me because I am incredibly scatter brained most times :) And no matter how many times I tell myself to remember something unless I write it down I will most likely forget. So go out and pick yourself up a notebook... you'll be amazed at the things that inspire you but get forgotten about throughout your day :)

Bottom line: Get Good Gear. The gear doesnt make the photographer but it sure does help you do your job with excellence.

Save up for the best of the best rather than buying something that is second class and then having to trade it in later. Do yourself a favor and save up for that L-series lens that can offer you that tasty f stop (1.2-2.8)that you've been wanting rather than skimping and buying an off brand with a "not-so-tasty" f-stop :).

This is something I have done since the begining because I have wise photogarapher sensai's that told me that that is one thing they wished they would have done differently. And also because that is just the way the Rhoads Family Rolls... we buy the best. Your Return on Investment will be well worth the initial cost. I promise.