Photographing insects on someones property

This is going to be a strange question, but I need to know so going to ask.  I go for afternoon walks with my camera and lately have been photographing inspects and flowers.  Yesterday while walking on a public sidewalk, I saw this greenish beetle on a yellow rose bush.   Technically the flower was on this persons lawn a foot or two from where I was standing, but again I was on public sidewalk.  

I went to take the shot, and the owner comes out and told me I can't be photographing his property.  I told him it was the beetle I was photographing.  He said everything from the sidewalk in was his property, including the beetle and I didn't have his permission to photograph the bug.    Yeah really.   

Did he have the right to stop me?  

Randy Shaw wrote: This is going to be a strange question, but I need to know so going to ask.  I go for afternoon walks with my camera and lately have been photographing inspects and flowers.  Yesterday while walking on a public sidewalk, I saw this greenish beetle on a yellow rose bush.   Technically the flower was on this persons lawn a foot or two from where I was standing, but again I was on public sidewalk.  

I went to take the shot, and the owner comes out and told me I can't be photographing his property.  I told him it was the beetle I was photographing.  He said everything from the sidewalk in was his property, including the beetle and I didn't have his permission to photograph the bug.    Yeah really.   

Did he have the right to stop me?  

I am not a lawyer, I am not in your state or country most likely so your laws may be different. That said as long as you stay off his property you can take pictures of it. Bring your 600 F4 or your telescope and take a picture of that bug. Google takes pictures of your house and property all the time from the road or from the sky. There is no right to privacy. when the person taking the photo is on public property. If you are a licensed drone pilot you can take pictures from the sky (but again, your laws may be different as long as it is not in a government restricted air space).  Is it worth the conflict? I don't think so but if that happened to me I would tell him I can take pictures of your house any time of the day, just like google or anyone else can. If he threatens to call the police, tell him go ahead. They won't come because they are too busy doing real police work anyway like chasing down Black Lives Matter protesters who burn down Federal buildings and local businesses. LOL

I was taking photos of a mural that was painted on the side of a building in a nearby town. I was standing on the street sidewalk and the mural was on the other side of a bank parking lot. The woman artist came screaming at me that I wasn't allowed to photograph the mural. I pointed out that I was standing on a public sidewalk and could take photos in any direction from there.

To simplify matters, I was friends with the owners of the frame shop just across the street from where I was standing, went there and told them what happened. I was taken upstairs to their frame workshop and they opened the window that faced the mural, saying "take all the photos that you want". The artist saw me in the window, and it was obvious that she was mad, but I got my photos without a showdown with her, then had pleasant conversation and coffee with the shop owner before leaving with thanks to them for allowing me use of their window.

From the 2nd floor window they were better than from the sidewalk anyway. I could have done it from a car window too. In any case, there are usually alternatives. Even if you are right, it sometimes isn't worth the confrontation, and there frequently are alternatives to get what you want without the argument. 

Charley

CharleyL wrote: Even if you are right, it sometimes isn't worth the confrontation, and there frequently are alternatives to get what you want without the argument. 
Charley

There are always upsides and downsides to everything you do. Sometimes visible avoidance to that artist only emboldens them to force their will on someone else when they have a right to take all the pictures you want. If you called the police, the police can explain to her she is wrong, she may not do it to the next person who comes along taking pictures. The path of least resistance is not always the best path. But I get it. Who wants confrontation and to involve the police.

As long as you don't step onto their property, you can photograph anything you see from a public right of way. 

That's what I thought.  I knew I couldn't step on their property, which I didn't.  Besides, it was just a bug, a silly little shiny green bug! I'm wondering if that person was just having a bad day?  I even showed him the photo, but he didn't care to see it.  

Shadowfixer1 wrote: As long as you don't step onto their property, you can photograph anything you see from a public right of way. 

Except for some government buildings. You will go to jail for taking pictures of them on public property. I say this to warn people do not test this. If there are signs saying do not photograph this government  building or facility for the public ground or air, you better not do it. It is federal law and it is a felony and there have been people who are
in jail right now for doing it. Just saying..

r1ch wrote:

Shadowfixer1 wrote: As long as you don't step onto their property, you can photograph anything you see from a public right of way. 

Except for some government buildings. You will go to jail for taking pictures of them on public property. I say this to warn people do not test this. If there are signs saying do not photograph this government  building or facility for the public ground or air, you better not do it. It is federal law and it is a felony and there have been people who are
in jail right now for doing it. Just saying..

Good tip!  Thanks for the heads up.  I am one to respect signs regardless who put the up.  Honestly wasn't aware there was buildings that couldn't be photographed.  

These days, people are worked up because of all the morons doing stupid things.  This person could be on high alert because of those people.  

r1ch wrote:

Shadowfixer1 wrote: As long as you don't step onto their property, you can photograph anything you see from a public right of way. 

Except for some government buildings. You will go to jail for taking pictures of them on public property. I say this to warn people do not test this. If there are signs saying do not photograph this government  building or facility for the public ground or air, you better not do it. It is federal law and it is a felony and there have been people who are
in jail right now for doing it. Just saying..

Thought that would be obvious. I was just referring to the stated situation.

All you  really need is permission from the insect.

Shadowfixer1 wrote: As long as you don't step onto their property, you can photograph anything you see from a public right of way. 

That's what I thought.  But this is within reason though right, you can't take photograph their home or persons on their property right?  

Colorado Mike wrote: That's what I thought.  But this is within reason though right, you can't take photograph their home or persons on their property right?  

That's pretty much Street Photography, isn't it?

Just because it's in a residential neighborhood shouldn't make a difference.

Colorado Mike wrote:

Shadowfixer1 wrote: As long as you don't step onto their property, you can photograph anything you see from a public right of way. 

That's what I thought.  But this is within reason though right, you can't take photograph their home or persons on their property right?  

If you can see it, you can photograph it. The limiting factor is you can't use it commercially without a release. Personal use is no problem.

Heck yeah, that is fair game!