It's a pretty simple concept, if it's public, you can probably use it, but treat it with respect. If it's private, ask if you can use it, and treat it with respect. All locations, whether public or private, and their respective owners should be given notice, courtesy, and respect, prior, during, and after shooting at any location. Owners should also be given patience and understanding if they choose not to allow permission for use of their property.
One thing that bothers me in this oversaturated world of photography, is photographers using private property for photos without permission. They see a cool building, or a tree lined driveway, a secluded road, and think they can just pull over to use it, without realizing that this simple action is actually hurting the reputation of photographers in there area who really take the time and effort to contact owners for permission. Most people are positive and receptive of photographers using private property when given the courtesy of being asked first. Maybe it is the OCD in me, but I am a rule follower, and I like to see people do the same.
Let me share with you a couple of personal experiences I have had regarding personal property.
A few years ago, I took a family to a secluded lot that I had gotten permission to use from the owner in the weeks prior to my session, and in my busy life as a mom, wife, and photographer, I forgot to follow-up with her. She in turn, forgot to notify her husband, who, in the middle of my session, came barreling in, fists blazing, and was about to lose his cool, when I reminded him that we knew each other and I had gotten permission from his wife to be there. He walked away for a minute, made a phone call, then waved his hand at us and left without saying anything. I am pretty sure he was embarrassed, because I was most definitely embarrassed, and my clients were confused. I assured them that we were okay to be there, but can you imagine being on the other end of that situation if we didn't have the okay from the wife? Lesson learned and I now check in at least twice with owners before my sessions.
On a different occasion, about 5 years ago, I spent a few weeks driving by a particular property hoping to catch the owners at home. After 4-5 attempts of knocking on the door of a cute elderly couple, I finally caught them at home and was given permission to use the wooded lot that they owned on one side of their property (easily accessible from the road). When I showed up for my session, another photographer was already there with a family and had been walking around the backside of the property. I approached her quietly, away from her clients, and asked her if she had permission to be there, to which she responded, "no." I told her it would be beneficial to contact the owners and get permission in the future as it was private property. At the same property, but several months later, a man came up to me and told me I needed to leave. That it was private property and I had no right to be there; he thought I was trespassing. To which I was able to respond, "Actually, I talked to (name withheld) and he gave me permission to use the property today, and for a session I have in a couple weeks." I wanted to assure him I had permission to return and gave notice to the owners. I continued, "But it makes me feel good to know you are watching out for their property. I have noticed that a lot of people use it without asking." He responded with, "You have no idea. And they trash it! I do their yard work, and I find wrappers, baby wipes, and dirty diapers that people just leave after having their pictures taken here." Needless to say, I was very sad, and at that moment, was extremely disappointed with others in my industry. To be told that other people in the industry, in our community, not only use private property without asking, but also don't care about the way they treat the property and leave trash behind, breaks my heart, and makes me all the more mindful of the places I choose and the locations I visit.
In all of my years as a photographer, I have developed a few rules of thumb and have learned quite a bit when it comes to shooting on location. I have compiled some important tips into this helpful list that I hope you will use and reference when choosing your locations.
1. Public and Private: Take a drive.
When I lived in Alaska, I wasn't familiar with the area we moved to. I spent days driving around, scouting locations, both public and private, before offering sessions. (In a lot of cases, it shouldn't take days, maybe a few hours, but in Alaska, the area I was in was secluded. I am talking, take a step on someones property and get a gun to your face kind of secluded, and required a little more research and care.) When you find locations you are able to use, visit them often and at different times of day. If you are in an area for more than one season, it would benefit you to check those locations during the different seasons as well.
In more rural areas like where we lived in Alaska, and where we now live in Idaho, it is beneficial to pull over and ask people who may own the road you decided to turn down. It may be a private drive, and you didn't even know it. I recently took engagement pictures on a secluded property that belonged to my clients family. During the session, he pointed out things that were moved, broken or vandalized, just in the short time he had been away from the property. While we were taking pictures, a car pulled in, watched us for a minute, then turned and left. The road they took to get to where we were, was about 1-2 miles of a dirt road ON the private property. Someone had decided to just joyride in to see what they could find.
2. Private: Write a letter.
When location scouting, sometimes the lines of whether something is public or private isn't clear as day. I try and knock on doors or find people to talk to and ask questions about the property. Ask if they know who owns it, or if they know how to get ahold of the owners. After a few years, I finally realized that I could save myself multiple trips to one location if I was prepared. I started carrying a notepad, pen, and business cards in my purse and my car. Eventually, I just typed out a generic letter that included my interest in using a part of their property for a photo session, samples of my work, my information, and what I was willing to give them if they would allow me to use that particular spot for the allotted amount of time that I needed (i.e., compensation, or exchange the use of the property for their own photo session). If the people I talked to couldn't help me, I would leave one of my letters somewhere on the doorstep of the closest home by the property. I have even gone as far as writing a personal letter by hand, telling them how beautiful their property is, and asking if I could talk to them about the possibility of using it for photos in the future, and sending it in the mail. It almost never worked, but when it did, it was an interesting start to a great friendship!
3. Public and Private: Build a relationship.
Thankfully, in the 10+ years my husband and I have lived in Rexburg and owned our own businesses, we have been blessed to develop close relationships with people and other business owners in the community. One such friendship has given me an opportunity to photograph at this gorgeous white barn out in the country. It is one of my favorite spots to photograph. I never assume that I can just use it whenever I want, so I try and save it for special occasions. This way, it doesn't get over used and I don't feel like I am taking advantage. Since they offered it to me for sessions three years ago, to date, I have only used it three times. This is how I treat all the locations I am given permission to use. I always let them know when I will be there, how long I expect to be, and how many people I will have with me. I have even gone as far as bringing treats/goodies to the people who live in these locations so that when I am done with a session, I can send my clients off and I can take a moment to let the owners know that I appreciate their generosity. This makes them more willing to allow me to return. I also don't assume that just because I am given permission once, that I have permission for all of my sessions in the future.
4. Public and Private: Be respectful.
Last year, a young couple did a gender reveal session on the greenbelt in my neighborhood. I don't know exactly how it was done, but I can tell you that a year later, we still had little blue ping pong balls showing up around the neighborhood. They released hundreds of them, and they blew all over the neighborhood in the windy days following the photoshoot. They didn't even bother picking them up. Remember that property I mentioned earlier where the gardener found dirty diapers among the leaves? It just makes me a little angry knowing that someone deliberately left trash on a property that they didn't even have permission to use in the first place. No matter what kind of session I do, I always do a quick back pedal to make sure I am not leaving anything behind or damaging anything in the process, and I always put things back the way I found them. So watch your clients, if they bring snacks, new clothes that need tags removed, water bottles, wipes, smoke bombs, etc. make sure you are taking extra care to keep the trash in a vehicle or backpack and take it with you when you go.
5. Private: What if I can't get permission?
Simple answer, if you don't have permission to use it, then you probably shouldn't use it. Remember those letters I left? Maybe 1 out of every 10 locations I found, I was actually able to use. You also have to decide if it's worth it. Does owing someone a session or compensation in exchange for the possibility of using that location only once, worth your time? Is the location that important? There may be some locations that are great, but you could manage without. I like to think that for every 5 public locations, I have one really awesome private location. It helps to add variety to my work and helps me spread the use of those locations out over time so I don't feel like I am taking advantage. At the same time, even if you see another photographer taking pictures in a specific location, don't just assume its okay to use. (I have a sneaking suspicion that the car I mentioned in #1 was location scouting, and when they saw us taking pictures on that private property, they may have thought it would be okay for them to use it in the future. After all, if someone else is there using it, I should be able to use it as well, right? Wrong.) My biggest pet peeve is seeing photographers take clients into the wheat field in front of the Rexburg LDS Temple. Regardless of the fact that the field will be turned in to a subdivision in the next few years, that property is currently being farmed. Trampling all over the wheat is beyond disrespectful and it is one of my least used spots. In fact, in the decade that we have lived in Rexburg, I have only taken pictures there 3 times. If I have a request for this location, I use the area to the side that has not been planted or "trails" where another photographer has left giant holes in the field. Even using those already trampled "trails" in the wheat field leave me with such an internal battle, and reinforces my rule to not follow others. This brings me to number 6...
6. Public: Be courteous.
This should go without saying. Be courteous of property and of people. If you are using a public area, be courteous of the people around you. Most people don't care if you are taking pictures while they are walking by. The majority will see a camera and either stop or try and walk around, but please don't make people stop for you. Don't put yourself in the way of high traffic areas. Don't hold up cars at changed lights by taking pictures in the middle of the road. If you want road pictures, try and schedule your session during low traffic hours, or at low traffic intersections. If you want to take pictures IN a business (i.e. a coffee house, bakery, soda shop, food joint, laundromat, etc.), be sure to call ahead and ask the manager prior to your session to make sure that they are okay with you using their establishment as a photo location and so that you aren't taking time out of your session to ask for permission when you get there. Most importantly, be considerate of other customers.
7. Public: Operation hours.
There are some public locations/businesses that I absolutely love. However, I will not use them during standard business hours. This is because I don't want to be in the way of their employees going in and out of the areas that I want to photograph. It would be disrespectful of me to put myself or my clients in the middle of someones job, making it more difficult for them to complete their tasks. No matter what, I try and stick to the public areas as much as possible, doing my best to take pictures from sidewalks, fences, or trails instead of directly on or in front of certain spots.
8. Public and Private: Be aware.
No matter where you are taking pictures, if you are taking them on location, you should always be aware of your surroundings. At parks, be aware of people who let their dogs run around off-leash. If you are walking in the middle of a country road you need to watch for cars. If you are in the mountains or the desert there are poisonous plants, pesky insects, and dangerous animals that you will need to be aware of. Always have an idea of what risks surround the specific locations you choose for your sessions. Be aware of your clients needs. Don't put families with small children on the train tracks. Parents only have so many hands to grab kids if something were to happen. Be aware of allergies. If I have clients that are allergic to dogs, I won't take them to a public park that has a lot of off-leash furry friends. If they have hay fever, I won't drive them out to the country during planting or cutting season. Having the ability to be aware and in tune with your clients needs and your surroundings will give you an edge up and your clients will definitely take notice of your attention to detail.
9. Public: Plan ahead.
A couple years ago, I headed to Southern California for a wedding. Since I wasn't super familiar with the area I would be shooting in and I couldn't get there prior to the wedding to scope out locations, I researched online and then called around to the locations I really wanted to know more about. You need to know what the rules and regulations are for taking photos in public locations for the city you plan on taking pictures in. A lot of parks require you to pay parking or daily use fees, make reservations, have a permit, or require a fee for any type of photography work. It will always be in your best interest to do your homework. It doesn't cost you anything to learn the information ahead of time, and it will save you from a potentially embarrassing moment in front of your clients. It is always good to plan ahead for local locations as well. Remember number 1? Take a drive to your preferred location the day before your session. This will give you an idea of its most current condition. The last thing you want to do is show up with a client and not be able to get in because the gate is closed for the season, not have a dock to stand on because it was removed, show up to your favorite tree only to learn it was chopped down the day before, etc. With public areas that are maintained by the city, you never know what maintenance they are required to do on some of your favorite spots and you will want to make sure you are in the know before your session.
10. Public and Private: Practice makes perfect.
If you are having trouble thinking outside the box, use social media to help you get creative. Join Facebook groups that are dedicated to photography in your area and put up a post asking for location suggestions. In my opinion, most people are happy and willing to help you succeed. Just make sure you have permission on those locations that may be privately owned. Worst case, stick to your guns and use areas you have used previously. If it's a paid shoot, it's better to be comfortable in a spot you know, then uncomfortable in a location you don't know. During your downtime and in between sessions, take friends out to model for you in locations you've never used before. This way, when it comes time to take clients out, you are aware of what is available to you at that location.
Now that you know some of my do's and don't's for shooting on location, get out there and put your new found knowledge to work! No matter what you find or where you go, remember to be respectful. There are so many amazing locations that have yet to be discovered, and so many that that look different no matter how many times you photograph them!