Art2U <art2U@[EMAIL PROTECTED]
> wrote in
news:7vlee3ddeco40kutn5gsklndlshpe3nhs7@[EMAIL PROTECTED]
> Michigan law and photography... allowed on apartment rental?
>
> A few days ago, I was video taping my landlord trying too get my
> neighbor to answer the door (truly a nut case; the neighbor that is).
>
> One of the landlord funkies told me that I was allowed to shoot
> anything on the property because it was private property.
>
> Is this true?
>
> -Art- (not Art)
>
For any case, the real deciding factor is a judge. There are
precedents in just about every direction.
Shortest story: You can shoot just about anything. Doing anything
with it afterwards is another matter.
In most cases, rental property is considered the possession of the
lessee during the active terms of the lease (for all uses). Yes, this
means you can legally trespass your landlord. Provided you were on the
property described in the lease, you were probably on solid footing.
Public access areas, especially where no restrictions against
photography are designated, are usually fair game. In nearly all cases,
even subjects on private property are fair game if shot from a public
vantage point. You could make a case if you were either a) on your own
leased property, or b) on communal leased property (parking lot,
sidewalk, etc.).
Standing on the neighbor's property, and shooting transactions
between your neighbor and his/her landlord, falls within the neighbor's
rights. Your neighbor could legally act on you for that. Usually NOT the
landlord - he/she has leased the rights of the property to the lessee.
Commercial use is up for grabs. Restrictions over recognizable
property and thus affecting the landowner's income can apply. Most
publishers/editors would play safe and require a property release from
the landowner (which is not necessarily the landlord).
In many cases, you are safe to challenge anyone trying to stop you
from photographing something to produce the law in question or call the
police. Whether it is wise to do this is another matter ;-)
- Al.
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