A few years ago I went to Hale Farm Village because I had heard about it, and thought it would be great to visit and snap a few pictures.
I arrived around noon, and saw the farm was located in a very picturesque area, but not what I had expected. I decided I wasn't interested in going onsite, so instead drove up the street to check out what other buildings there were.
I found a couple of possible compositions and began to set up my camera. I am advanced amateur photographer who although familiar with digital, prefers the use of film to capture what I seek.
I set up my wood tripod and 4x5 inch large format field camera not 4 feet from the side of the road and was busy composing an image of a flower on a vine attached to a wood fence, when I noticed someone in period garb was walking toward me.
He identified himself as a Hale Farm Docent and demanded to know what I was doing? I stated I was taking a picture, but before I got further, he cut me off to demand for whom I was working for and what the pictures were to be used for?
I was shocked to say the least. I have been an avid photographer since age 12, and never have I had someone speak to me in this manner! And it got worse.
I was told by this volunteer that all of Hale Farm's buildings were copyrighted, and that if I took pictures and published them without a formal written consent, that I would be sued. He then added, that I was not an amateur photographer, but a professional because I was using a tripod, and if I wanted to continue shooting pictures I needed to sign a formal release and pay the $20 admittance fee.
I assured him I was not a professional, despite the size and complexity of my manual camera, and that the tripod was absolutely necessary because it is impossible to hand hold a 7 pound camera and lens. He could have cared less, and repeated himself at lest 4 times.
In fact, at one point he walked between my camera and the subject matter, and I was afraid he would touch and physically move my camera. I finally got tired of his insistent harassment, so packed-up and left, saying I would go and pay the entrance fee. You know, that guy watched me as I drove down the road to make sure I pulled into the parking lot, but when he left, so did I.
In retrospect, I understand Western Reserve's need to protect their property, but they were wrong in their approach with me. This situation upset me so much, I called the local police department and did a bit of research about my rights. This is what I discovered:
First, "the general rule in the USA is that anyone may take photographs of whatever they want when they are in a public space or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs."1
Second, "property owners may legally prohibit photography ON their premises, but have NO right to prohibit others from photographing their property from other locations."2
Third, "20 feet on either side of the center of 2686 Oak Hill Road in Bath, OH is in the public domain, including the earth that extends beyond the edge of the road, by an estimated 5 feet."3
So, I was within my legal right to not only set up my tripod, attach my camera, lens and film back, but also be allowed to engage in my hobby. I did nothing wrong, and yet I was made to feel the opposite.
I don't believe I will ever go back to Hale Farm Village, without having a bad taste in my mouth from this horrible experience. In fact, I spoke to another photographer who had a similar experience, so mine is definitely not the exception.
If I ever do go back, I will be sure I have a friend with me as a witness.
You should too.
1. The Photographer's Right, Your Rights and Remedies When Stopped or Confronted for Photography, by Bert P. Krages, II, Attorney at Law, November 2006.
2. The Photographer's Right, Your Rights and Remedies When Stopped or Confronted for Photography, by Bert P. Krages, II, Attorney at Law, November 2006.
3. Bath Zoning Inspector, Bath, Ohio. read more