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"You can't take pictures here" - Restrictions on photography
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10-22-2005, 07:00 AM
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uneniaPhenits
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Oct 2005
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A few weeks ago, the following letter and response was published in the
Battery Park City Broadsheet.
To the editor,
In the Disturbances section of the last issue, there is an item dated June 13th about unauthorized photography at the Mercantile Exchange and the Irish Memorial.
I am not aware that it is illegal to take pictures at these two places. Could you provide further information regarding this.
Editor's note: You're right; it is not illegal to take photographs of the NY Mercantile Exchange or the Irish Hunger Memorial. The "unauthorized photography" in the item actually refers to two potential problems that Park Enforcement Patrol officers are trained to watch for. Leticia Remauro, community liaison for the BPCA explains: "Officials have asked us to watch out for photography at high-risk places like the Mercantile Exchange. The Irish Hunger Memorial is not high risk, but it's a copyrighted work of art. If it looks like a professional photo is being taken, using a tripod, we have to check to see if the photographer has a permit and also understands that the artist must be given credit. People interpret the directives given to PEP in different ways, and officers want to err on the side of caution. since it isn't always obvious whether photographers are professionals or laymen, there may be a need for a PEP officer to question them."
The use of a tripod is not exclusive to professionals.
A photographer by profession does not necessarily need a permit to set up a tripod on a public street to take photos of copyrighted art. It could be his day off.
Permits are generally needed to cover safety and public inconvenience issues, not to protect art copyrights.
Copyrights are not violated until you use the photos commercially.
These restrictions can be applied in the public spaces of private property, such as the TWC. Management can simply restrict any photography that might appear to be professional - or just ban all photography.
Some museums do not allow any photography of their exhibits, professional or amateur. But it is private property.
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