Access in the USA.

well, they are private places and have the right to ask anyone to leave. If you are going to shoot in a place of worship, for whatever reason, you should ask the pastor, rabbi, imam, whoever, for permission, this should be common practice anywhere in the world and I have never run into a problem when i ask first, it’s just a matter of respect. As for casinoes, they are private businesses. Sure they let tourists snap away, they are customers. If you use images for journalistic purposes, the law protects you from being sued, but not from being arrested for trespassing. If you sell images that are used for commercial purposes and don’t get permission, then you can be sued.
This is how I understand the law to be.

well, according to my photojournalism text (for what THATS worth), basically the law states that these are private places with public access for a certain reason- ie a grocery store has access to the public for selling food. Photography generally isn that reason. So, you can shoot in a place like the casino, and, until they ask you to stop/leave (and cite you for trespassing), you are, if not within your rights, at least able to keep the work you shoot BEFORE they ask you to stop. Indeed, if they ask for your film/cards, you DO NOT have to give this up to them, or the police. But you do have to leave if asked because they are private, and you could be cited for trespassing (though, by the time the cops get thare, Id assume you’d be long gone, and they’d only call them if you refused to comply). In a worship setting, Id defintely feel like asking first is totally appropriate, for the sake of the worshippers, etc. who are coming to this sacred place and not expecting to be documented. As far as something like a casino goes, good luck- anythign that blatantly commercial isnt likely to give you permission. However, if you shooting with a non pro looking camera, budget some $$ for gambling, to cover your tracks and bring a friend, drink, laugh, etc, you may not be noticed if you are smooth enough. Well, noticed, but not removed. Keep in mind this is purely for EDITORIAL purposes. The second this become commercial work, you could get sued quite easily. Plus you’d need model releases. Now Im sure someone will chime in correct me; by all means please do.
As far as shooting in America/Americans generally, Ive found it to be not as easy or friendly as the developing world, for example, but its not that much different. I really believe that people can kind of feel what you are about, and are generally totally cool with it, if the purpose is legitimate.

I don’t know how it is like every where in the US, but in Baltimore, the place of worship is not easy to get in because of security on weekdays. They are locked up to prevent intruders like homeless individuals or thief to wander in. Therefore you have to ask permission or you never get inside. I don’t know how it might work to get inside during worship. I’ve never tried to shoot during worship except one Christmas eve and I did it without prior permission. I am a member of a church here, so the entry was not a problem, but I was told afterward that I should have asked permssion.

In Europe, this is not the case, but if you put up a tripod to photograph, you are likely to be approached by church staff. In England, I paid a small fee to photograph inside. I’ve also shot a number of pictures during worship in which we sang at the Salzburg Dom. I was in the front row in the gallery and was able to get a few shots of a Mass in progress when we were not singing. I sold the prints to the fellow choir members afterward.

If you shoot from a gallery with permission, this might be one way to do it with least objection.

They’d nail you to the cross in a casino. :))))

There are a couple of people around that are stock shooters and have plenty of casino photos as that is their business. I do not recall their names.

I’ve been asked not to use my camera in malls and a couple of super markets. Many years ago I was photographing some buildings in an industrial park in Orange County, CA. Nope, got chased out. Private property. So I asked the rent a cop what about from the street? Nope, we own the street too. He said I would have to get premission from building management.

I was inside a restaurant last year and tried to grab a shot of Hugh Hefner. Nearly got my assed kicked by his body guard. Nice looking granddaughters he had with him.

Ken Light did some documentary photography in Mississippi years ago including many photographs inside the local small churches as I recall. Probably some of this was planned a bit in advance.

Private….public, I always try.

Forgot to add. I am not an expert but I have heard that the courts have ruled that the public has a reasonable right to privacy. I would assume that is on private property. Some media lawyer should chime in.

Steer clear of casinos unless you have a contact in their PR department. I shot a story at Atlantic City last year and had some people hovering over my shoulders at all times.

Overall, it’s best to foster some type of repoire with the people at the location you’re shooting at. A lot of Americans, when it comes to photographs and locations, are on edge and will place you in the “suspicious” category for just having a camera around your neck.

I was on assignment for a newspaper, went to this town to take a quick shot of some guy’s house, and got chased off by some good ‘ole boys with shotguns. That was fun.

Point? You don’t have to like the people, but try to schmooze. Or at the very least, break down the barrier people put up when they see a camera. But I guess that advice applies to anywhere in the world, really.

Good luck.

I photographed at the race track a couple of times, once, in Florida, went smoothly without permission. In Massachusetts, jumped through hoops to get permission and then couldn’t show any faces. The thought was that there were a lot of people who might not be proud of their gambling habit..could be the same theory in casinos too.

An odd story: years ago I was in NYC, very early in the am, and there was a large department store just about to open, I forget the name. I walked in the doorway, as the gates had just been opened, and there was a security person who asked me to wait in the doorwar. Suddenly, a voice came over a loudspeaker, initiating a prayer, everyone bowed their heads and folded their hands..it was such a strange scene. Instictively I dropped to the ground and raised the camera, and then pow! I had 3 security guards on me..

m,y favorite Mexican addage: “Es mejor pedir perdon que pedir permiso” (its better to say Im sorry than to ask for permission) my general rule of thumb although there are a few exceptions.

That’s some scarey stuff right there Erica.

The US may be lawyer happy but it’s far better here than most countries. The worst they would do in a church is tell you to stop, just stay away from anything that might stir up terrorism jitters like airports. The worst in my experience are developing nations where overzealous police think any little thing is a threat to their national security. I had an AK-47 pulled on me for taking a picture of a dam in Vietnam and almost sent to jail in Algeria for taking a picture of a government building.

True, Tommy. But the post 9/11, Patriot Act atmosphere has made things worse in the US. Last year a cop in NYC stopped me on the corner of Ninth Ave. & 12th St and asked why I was carrying a camera. Nothing came of it but the harassment was not pleasant.

Dear All,

Thank you for the advice. It is funny, Adam, that
adage about begging forgiveness being easier than
asking permission is one I quote all the time for
this part of the world; and it is true.

I did not want to give the impression that I planned
to march right into a place of worship and shove a
camera in people’s faces. Apologies for giving that
impression. Although there may be many individuals
who are devout about “megachurches”, frankly, I see
them as places of business. That is the kind of church
to which I refer and that is why I couched the question
as one about private property, like a business premises.

There are about 5,000 people at any one service enjoying
a soft rock concert, applauding at the end of the songs
(odd in a church) and listening a charimatic Dr. Phil-like
preacher (or two or three) wrapping self-help over
gigantic television screens in pop-Christianity. The
presentation is slick. Outside some of these “sanctuaries”
the bigger megachurches have basically built shopping malls.
So, this is not Angkor Wat, Al Aqsa Mosque or the Vatican.

(I’m sure that I am going to piss off someone with
that last commentary. Oh well.)

I find this phenomenon fascinating but these media
savvy hucksters are as adept about their public
images as politicians. Hence the desire for
photographer’s stealth.

So, I am not talking about a mosque, synagogue,
Buddhist temple, or conventional church, where
I always ask about local morays and for permission
to photograph.

I just don’t want to be taken to the cleaners
for producing a story. Thanks again.

Best,

James.

Dear All,

Thank you for the advice. It is funny, Adam, that
adage about begging forgiveness being easier than
asking permission is one I quote all the time for
this part of the world; and it is true.

I did not want to give the impression that I planned
to march right into a place of worship and shove a
camera in people’s faces. Apologies for giving that
impression. Although there may be many individuals
who are devout about “megachurches”, frankly, I see
them as places of business. That is the kind of church
to which I refer and that is why I couched the question
as one about private property, like a business premises.

There are about 5,000 people at any one service enjoying
a soft rock concert, applauding at the end of the songs
(odd in a church) and listening a charimatic Dr. Phil-like
preacher (or two or three) wrapping self-help over
gigantic television screens in pop-Christianity. The
presentation is slick. Outside some of these “sanctuaries”
the bigger megachurches have basically built shopping malls.
So, this is not Angkor Wat, Al Aqsa Mosque or the Vatican.

(I’m sure that I am going to piss off someone with
that last commentary. Oh well.)

I find this phenomenon fascinating but these media
savvy hucksters are as adept about their public
images as politicians. Hence the desire for
photographer’s stealth.

So, I am not talking about a mosque, synagogue,
Buddhist temple, or conventional church, where
I always ask about local morays and for permission
to photograph.

I just don’t want to be taken to the cleaners
for producing a story. Thanks again.

Best,

James.

James,
It seems you’ve gotten the information you asked for. I’ll chime in anyway though. To reiterate the point made by a few already – If the work is purely for editorial you cannot be in any trouble , i.e. sued, if any photos are published. Meaning you can go anywhere and attempt to make pictures. Of course if you are trespassing on private property, you will have to leave, if asked. Or they do have the right to have you arrested. And to address a post above, regarding the photographer in Orange County photographing a building: I doubt very seriously that that company “owned” the sidewalk also. I’ve run across many security and p.r. types for various companies who claim I need permission to photograph buildings, or property from public sidewalks. They are mistaken. And it’s worse since 9/11.
Happy shooting James. I enjoy your work.
Ron

Thanks, Ron.

It’s true that anyone can sue you, and even though there are plenty of television advertisements encouraging lawsuits as a means to quick riches, It’s (the litigiousness of the US) not as bad as you might believe. The others have given legitimate advice to the best of my knowledge.

I think you know how to behave in Church, but privately owned Casinos are a different breed. They are hyper- vigilant about the publics perception. Depending on the nature of your story, it’s either the full nelson of a PR handler , or zone focussed hip shot city. (I think we know which is more fun). The state run horse tracks generally have no restictions (NY at least). Though I’d be damn sure to wear a cup if I was attempting some sneaky hip shooting at an Indian Casino. Their property is generally considered sovereign land and doesn’t fall under US jurisdiction, so basically, anything goes.

By the way, I really dig your work . That elephant reportage just breaks my heart.

James, re: megachurches. I have shot in four of these kind of churches, two in Wisconsin, and two in Chicago, IL. At all four I had to prearrange access. All four had PR people. For what it’s worth…..Oh, and by the way, at most of them (all but one), even though I had prearranged access, I was approached by security people asking what I was doing and why i was doing it…all while shooting with only one camera and one lens, trying to be as “stealthy” as I could. Sorry, Im editing again. But last thing I want to say is that once everyone knew what I was doing, I had no problems—nobody told me what I could or couldnt photograph.

Dear Jethro and Kenneth,

Jethro, you nailed me. I had Native American casinos in mind.
It is a great story of justice how their sovereignty over
the little land not stolen for them has turned into a
cash cow.

That said, a brawny security guard can see a camera but
not look into my mind. So, I have contacted their PR
people for access. No reply at all, though. Hence, my
fall back would be to check it out in person, risking the
possible side effects.

After being away from the US for so long, I see the
rich story possibilities, though this rose has some
thorns.

Best,

James.

PS: Thanks for the kind words on the elephant
series. I would trust most elephants before I
would trust most people. They are beautiful,
intelligent and straightforward (they either
like you are they do not).

James:

mega-churches have pretty tight security, very professional PR departments, and a crowd that reports ‘outsiders’ at the drop of a hat. the best way to arrange to work inside one is to go through official channels. this is also the best way to get the freedom to work without being harassed. this was the approach i took when shooting a story for national geographic on the evangelical community in america. without the proper access i would not have got far past the main gate.

asim

elephants..have you seen http://www.ashesandsnow.org/en/portfolio/

You’ve gotten some good info already James, but here’s my two cents:

Casinos are extremely hard to shoot in. Even when I prearranged access (which is pretty hard to obtain), security accosted me – on average – once every three minutes. There are security cameras everywhere, so stealth shooting is pretty difficult.

With churches, even megachurches, I’ve always asked permission, and never been denied.

Everyone working (or just plain shooting) in the US should have ‘The Photographer’s Right’ PDF in their bag/person/whatever:
http://www.krages.com/phoright.htm

You’ll get challenged in places where you are on public property or in the public-right-of-way by ignorance or people hoping you’ll go away. Private security are the most frequent offenders. There are legion of stories where police go along with private security and the Patriot Act often gets tossed around. However, the Patriot Act make no mention of Photography.

Chris, that’s a fantastic document right there. Simple, informative, and useful.

Thanks for posting. You have no idea how many times I have to deal with a bunch of power-hungry jerks about what I can and cannot shoot. I once had someone try to tell me that I couldn’t take pictures of their barber shop from the street, to which I replied, “Por que?” and kept speaking Spanish until they left me alone.

This document will be nifty to carry around.

Sometimes it is convenient to pretend as though you could not speak the native language at all.

Tomoko and Mustafah,

You both made me laugh! I have been known to do that over
here in Japan or in China. Somehow we must be on
parallel paths.

Actually access in megachurches on the tertiary level
is not a problem. Just smile a lot and take all the
literature you are handed. After all, bouncers can
rough up a stealthy visitor with a camera at a casino,
but the last thing a church, however mercenary, wants
is the public to think they rough up visitors.
What if they were wrong about the visitor and
the person was just another member of the
congregation but with a Leica instead of a
Canon KISS digital point and shoot?

That said, I think Asim is right. After a
look, you will eventually have to go through
channels.

I just have an allergy to handlers, whether they be
in the Peoples Republic of China or in a church in the
USA. They all have the same thing in mind. Promote
their own agenda.

To get to the truth, you have to get away from handlers
as often as you possibly can.

Thanks again.

Best,

James.

I made photos with no problems in major casinos in vegas, I even asked security guards if it was ok. perhaps because I am a woman? or maybe because I dressed in the typical tourist fare although I shot with my rolleiflex tlr, leica mp and canon 5d no problems at all. when in Indian casinos I think you will have no problems if you are polite and honest.

Dear Camille,

Thanks for the insight. I am going to test the waters
and see what happens. I never argue with people. It
makes no sense.

I hope it works out.

Best,

James.