The Newtown Pentacle

Altissima quaeque flumina minimo sono labi

lutes and dancing

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– photo by Mitch Waxman

Wandering aimlessly across the pattern that underlies the streets of Long Island City, a logical course whose every obstacle is modern, one day I found myself in the Empty Corridor. Not so empty as it used to be, for the continuing diversion of traffic away from the Borden Avenue Bridge funnels vast numbers of vehicles through these streets- some of which are still clad in only their original Belgian Block cobbles.

from wikipedia

Public property

  • It is generally legal to photograph or videotape anything and anyone on any public property, with some exceptions.
  • Taking a photograph while on an airplane is banned in many places, and many mass transit systems prohibit taking photographs or videos while on board buses or trains or inside of stations. (It is unknown whether such prohibitions are legal, due to transit systems in the United States often being considered public places.) Photography is against Port Authority rules in New York and New Jersey’s PATH Train system. Photography and videography are also prohibited in the U.S. Capitol, in courthouses, and in government buildings housing classified information. Bringing a camera phone into one of these buildings is not permitted either.
  • Photographing or videotaping a tourist attraction, whether publicly or privately owned, is generally considered legal, unless explicitly prohibited by posted signs.

– photo by Mitch Waxman

Always on the lookout for intriguing items to photograph, your humble narrator often finds himself in front of scenes such as this one, and possessed by a paradoxical mindset. On one hand, the artwork which adorns this octagonal stop sign is well wrought, and skillfully placed for maximum esthetic value. On the other, this is vandalism- and it creates a dangerous situation regarding the passage of vehicles through a now unmarked intersection.

Further, I’m often at odds with the ideation of taking photos of such displays at all.

from wikipedia

Private property

Photography may be prohibited and/or restricted within an area of property by the property owner. At the same time, a property owner generally cannot restrict the photographing of their property by individuals who are not located within the bounds of the property.

In order to film on someone else’s property, permission must be received from the owner.

Photographing of privately-owned property that is generally open to the public (i.e. retail) is permitted unless explicitly prohibited by posted signs.

Some jurisdictions have laws regarding filming while in a hospital or health care facility. Where permitted, such filming may be useful in gathering evidence in cases of abuse, neglect, or malpractice.

– photo by Mitch Waxman

Public art, even when unsigned, is still considered to be the property of the original artist. Technically speaking, I’m not allowed to “publish” this image without the express permission of the artist and despite the fact that I own the copyright on the image, I can’t transfer or sell it without permission.

Were this posting commercial in nature, in fact, a court of law could assign damages and restitution. Art commissioned and owned by “The State” on behalf of the public is a different matter, and a complicated legal ground that’s ever shifting about. Generally, if it’s owned by the U.S. government and produced before the 1970’s it’s probably in the public domain.

Usually, I just leave this sort of thing to the prolific Ms. Heather over at NY Shitty, as she’s much better at finding new and exciting street art than I and is possessed of a curatorial spirit toward her discoveries.

But this one I couldn’t stop from shooting. Click the image for the larger size, as these are very nicely drawn images.

from wikipedia

Copyright is a set of exclusive rights granted by the law of a jurisdiction to the author or creator of an original work, including the right to copy, distribute and adapt the work. Exceptions and limitations to these rights strive to balance the public interest in the wide distribution of the material produced and to encourage creativity. Exceptions include fair dealing and fair use, and such use does not require the permission of the copyright owner. All other uses require permission and copyright owners can license or permanently transfer or assign their exclusive rights to others. Copyright does not protect ideas, only their expression or fixation. In most jurisdictions, copyright arises upon fixation and does not need to be registered. Copyright protection applies for a specific period of time, after which the work is said to enter the public domain.

Written by Mitch Waxman

November 23, 2010 at 12:15 pm

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