Photographing boats and permission needed?

So I was photographing some boats that were tied up in the harbor today and got asked to put my camera away.   Someone came up to me stating it was private property.

Are boats tied up in a harbor considered private property and off limits to our cameras?  

The boats themselves are likely private property. But so are automobiles. As long as you are not standing on private property at the time the shot is taken, it is not illegal. Some marinas and docks are private property, some are not.

If an objection is made, it's usually because they think you are paparazzi, trying to capture a celebrity.

I shoot boats all the time, never was told not to.

Kelly

Agree with Cook, it seems everybody is a legal eagle these days. You probably aimed your camera at a politician's boat.  I photograph boats on open water, in harbors, on trailers, etc  all the time too, and will continue to do so....

I would have thought surely this was a green light.  But still even with a politician owning a boat, I can't see this as a no go.  Think about it, are you told to not photograph a car?  No.  So why a boat different?  They don't own the water.

If the boat dock is private property, the only issue is, what is the policy for the facility? Whatever it is, the boat owners signed up for it when they rented a slip (whether they like it or not). So my response (now that I know better) would be, "what is the policy on any photography here? Cell phones, point-and-shoots, etc."

If the facility is public/municipal, then you're on public property, and everything is fair game. My response in that case (again, now that I know better) is, "I'm standing on public property, and the law is very clear that anything I can see is fair game. I require nor permit nor permission. Please leave me alone." Or some words to that effect. I'd be nice, of course.

I might even engage them by asking what they think is allowed, and why. And why they perceive a problem.

Depends... some public parks are now requiring permits or charging fees but that's usually for a photographer to set up and do a 'shoot'. Basically that photographer is conducting business in the park and using the park as their 'studio' of sorts.

BEFORE YOU GO - get on their website, is the place public or private? what is their policy on cameras?

If you are using the park for the intended use, for recreational use, most places allow cameras and allow visitors to take photos. I've gone to a state park nearby and taken pictures of boats and ducks and nobody including the ducks seem to care.

It depends on usage - are these pictures just for your personal use? If not and you intend to use the photos for business or commercial use you'll probably need to get property releases signed; for fine art prints usually not. ASMP did have a 'pocket' release to carry with you, and an app, that might be worth looking into.

Who was the person telling you this?? Find out the policy AHEAD of TIME so you are informed and can discuss it with the person. But if someone really doesn't want themselves or their boat photographed, then have the courtesy to be respectful and leave them alone - it's probably not going to be worth the trouble. If the person was saying you can't take pictures there at all, then find out what the policy is so you can tell someone like that what the policy is. They may/may not be someone who works there, or knows the policy, or has the authority to say anything to you about it.

The properties are private many a times. You are taking pictures by standing away from or that I don't think that its illegal. Some are private property while some are not. But it may depend if you are clicking pictures of celebrity's properties.

One possible issue is if the boat is a "liveaboard", or houseboat. In other words, somebody lives on it. Then the "car" analogy gets replaced by the "home" analogy. Is it always legal to photograph somebody's home? They may object more strongly than if it is just their conveyance. However, assuming you are shooting from a respectful distance, I would not expect a complaint.

Kelly

Private property = Their rules. They can tell you not to make images.

Public property = Tell them they are not allowed to tell you what and where you can shoot.

What's not being mentioned is the end use of the image. If you try to sell to a stock company, you better have a signed release if anything is recognizable (like the name of the boat). An image for your own collection, not an issue.

Shadowfixer1 wrote: Private property = Their rules. They can tell you not to make images.

This is imprecise. Private property means the property owner gets to make the rules. No one else, not even a tenant. Unless otherwise stated in a lease agreement.

KCook wrote: One possible issue is if the boat is a "liveaboard", or houseboat. In other words, somebody lives on it. Then the "car" analogy gets replaced by the "home" analogy. Is it always legal to photograph somebody's home? They may object more strongly than if it is just their conveyance. However, assuming you are shooting from a respectful distance, I would not expect a complaint.

I believe this is incorrect. In the USA I am within my legal rights to stand in a public thoroughfare and take photos of a residence all day long, without problem. We don't care if it's a houseboat, it's still watercraft. What and where it is has no relevance to its use. Per my other post, it's the property owner that gets to decide what is and is not allowed on their property. A boat owner could reasonably ask you to not take photos of their boat (we should probably respect that) but that doesn't give them license to ask you to put a camera away.

I wonder if they ask the same of people with mobile phones? I'll bet not.

I've heard stories of complaints about photographing cars in public locations. People are odd.

"Respectful distance" is irrelevant. What matters is where you're standing, and what you can see without "special" equipment. This is exactly why paparazzi are not (usually) breaking the law when they do what they do.

rosh4u wrote: The properties are private many a times. You are taking pictures by standing away from or that I don't think that its illegal. Some are private property while some are not. But it may depend if you are clicking pictures of celebrity's properties.

Well, what matters is the law where you are. Opinions don't count. And the law can differ from locale to locale.

Being a celebrity is irrelevant. And their property is irrelevant. Look at what paparazzi get away with, legally.

Screamin Scott wrote: What's not being mentioned is the end use of the image. If you try to sell to a stock company, you better have a signed release if anything is recognizable (like the name of the boat). An image for your own collection, not an issue.

Irrelevant. The end usage has nothing to do with the capture of the image. Yes, there are release issues related to people and property with respect to potential usage of an image, but that doesn't (in the USA) affect whether or not one can capture an image. Only what one may do with it after the fact.

I've never heard that you can't photograph boats or cars for that matter.  Just buildings that are owned by government.