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  1. #16

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by techskip View Post
    Wreckless, what I'm referring to isn't riding a ride and getting a shot or even going to the parking structure and getting a shot. What I'm referring to is using the "gaps" in a construction wall, standing on planters, or standing on tip-toes with arms fully outstretched and camera pointed at the other side of the wall. To me, if you are on ground level and can't see over the wall, or covered fence, that becomes a "reasonable expectation of privacy". If I ride an attraction above said wall or fence so be it that's fair game. But if I am clearly going out of my way to photograph what is behind the wall while on the ground level that equates to trying to take a photo between the gaps in someone's blinds!
    Quote Originally Posted by calsig31 View Post
    My thoughts as to the guy getting banned are that he was an idiot and had it coming.

    As to taking behind the scenes photos as being a trespass, I would say it depends.

    If the only thing you are doing is standing in an area that you are allowed to stand in and taking a picture with photo equipment that is permissible per Disney’s photo policy, then I would say no.

    At common law, trespass is basically the wrongful entry onto the real property of another. When you buy a ticket and enter the park following Disney’s rules you are there at their permission and there has been no wrongful entry. However, when one starts climbing on trash cans, walking through planters, or bringing in unauthorized photo equipment, they are no longer acting within the rules set by Disney and are thus there impermissibly. In a sense, they are now wrongfully on the land of another even if they are in the area that Disney permits paying customers to occupy. Technically, this is a trespass.

    Would Disney bring suit based on this? Probably not. They would most likely just give the person a warning and then kick them out if it continued.

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  2. #17

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    Re: Is photographing what lies behind construction walls considered trespassing?

    I wonder why WDW has issues with these intense explorers and, to my knowledge, disneyland doesn't. Is it because its just bigger? Between this guy and those guys who explored just about every set of Spaceship Earth, its gotten pretty crazy over there.

  3. #18

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by orbitalpunk View Post
    I wonder why WDW has issues with these intense explorers and, to my knowledge, disneyland doesn't. Is it because its just bigger? Between this guy and those guys who explored just about every set of Spaceship Earth, its gotten pretty crazy over there.
    It's interesting since the whole point of posting the "news" was to ponder if a crackdown may happen due to "busting" someone at WDW... in short will "behind the scenes' and "over the fence" shots take a higher priority if they are published on the internet now?
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  4. #19

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by orbitalpunk View Post
    I wonder why WDW has issues with these intense explorers and, to my knowledge, disneyland doesn't. Is it because its just bigger? Between this guy and those guys who explored just about every set of Spaceship Earth, its gotten pretty crazy over there.
    I imagine it's because of the bigness of WDW and its parks. More back stage accesses to get CMs and supplies in and out than tiny DL where everything is closely packed together.

    Plus likely the exotic nature of WDW where people visit infrequently but love the park, vs. the I go every week nature of the locals who love DL. Also the huge expanse WDW covers and closed down areas, and junkyard(storage) all over the resort create tempting out of the gates areas to explore.

  5. #20

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    Re: Is photographing what lies behind construction walls considered trespassing?

    In some cases, I assume, an "over the wall" shot is actually a no harm/no foul situation. Remember all the "over the wall" shots of Carsland as it was being built?

    If a hole in a fence is big enough to look through, then snapping a shot should be fine also.

    now, I am confused by the "camera policy". I have not heard of this. Do they not allow certain cameras?

    Anyhow, if you are crossing into the "backstage or fenced in" areas without permission, that is wrong and Disney has every right to do with you as they can legally.
    Especially if they've been caught doing it multiple times.

  6. #21

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    Re: Is photographing what lies behind construction walls considered trespassing?

    My Question from the other Thread like this in WDW Forum is "Am I the only one who thinks that Disney felt that if he could do it simply but waltzing right in he could inspire others? So they made him an example. Also he did this at Nickelodeon Studios at Universal Orlando so maybe they don't want to be included in that we are chumps and are going to let this happen? I was just thinking it probably isn't true I just let my mind wonder about this."
    Will this lead to a crack down? I were sure those Pics from Dateline Disney are okay? Also just imagine how much a advantage point the Skyway would be?

    Mentioned above was infrequent Visitors to WDW well Adam went a lot something along the lines of the past 30 years.
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  7. #22

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by IndianaBones View Post
    now, I am confused by the "camera policy". I have not heard of this. Do they not allow certain cameras?
    From the list of Disneyland FAQs on forbidden items:
    • Professional photographers with professional cameras or recording equipment, who are visiting the Disneyland Resort with the intent to take photographs or recordings of people, Disneyland Resort properties, or icons for professional purposes must make prior arrangements with Disneyland Resort Media Relations.
    "You can cut me off from the civilized world. You can incarcerate me with two moronic cellmates. You can torture me with your thrice daily swill, but you cannot break the spirit of a Winchester. My voice shall be heard from this wilderness and I shall be delivered from this fetid and festering sewer."

  8. #23

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    Re: Is photographing what lies behind construction walls considered trespassing?

    That's really too bad. I've enjoyed watching his videos.

  9. #24

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Taking pictures from a guest area is not considered trespassing. First, your in an area that you are authorized to be in, and second, there are no posted warnings that tell you that you can't take pictures.

    Now, if they tell you to cut it out, you got to cut it out. I wouldn't recommend sticking your camera over a wall, or standing on a bench just to see it.
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  10. #25

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by Disneytwins View Post
    Taking pictures from a guest area is not considered trespassing. First, your in an area that you are authorized to be in, and second, there are no posted warnings that tell you that you can't take pictures.
    Again it depends on how you are taking those pictures.
    "You can cut me off from the civilized world. You can incarcerate me with two moronic cellmates. You can torture me with your thrice daily swill, but you cannot break the spirit of a Winchester. My voice shall be heard from this wilderness and I shall be delivered from this fetid and festering sewer."

  11. #26

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by techskip View Post
    Wreckless, what I'm referring to isn't riding a ride and getting a shot or even going to the parking structure and getting a shot. What I'm referring to is using the "gaps" in a construction wall, standing on planters, or standing on tip-toes with arms fully outstretched and camera pointed at the other side of the wall. To me, if you are on ground level and can't see over the wall, or covered fence, that becomes a "reasonable expectation of privacy". If I ride an attraction above said wall or fence so be it that's fair game. But if I am clearly going out of my way to photograph what is behind the wall while on the ground level that equates to trying to take a photo between the gaps in someone's blinds!
    That's a legit point. I wasn't disagreeing with you btw!

    I would hope that Disney wouldn't go to the extreme of banning someone for filming or photographing the stuff behind the wall in the manner that you're mentioning... but you never know. If that photographer falls or hurts himself while standing on a planter, sadly it might lead to even stricter rules.

    Personally I don't care to see things behind the scenes in a paparazzi style. I know it's not quite the same, but I can wait until the attraction is open. I prefer official behind the scenes photos and videos, but that's just me.

  12. #27

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    Re: Is photographing what lies behind construction walls considered trespassing?

    I think the others have hit the nail on the head. If you are photographing from a public area, you're safe. If you go somewhere that you don't have authorization to go, you're tresspassing. That's the loophole the paparazzi use all the time here in LA. You can photograph someone on the street; you can even photograph their backyard from the street, but you can't sneak into their backyard.

    For what it's worth, most of the Disneyland and WDW Run Disney races go backstage. At the Tinker Bell 5K last year the race course took us backstage in most of Disneyland and a good chunk of DCA. Plenty of people took photos, including myself. They even had the Soundsational floats out for photo ops. The CMs were right there. The photos have been posted all over the place on blogs, etc. and Disney is fine with it.

    So clearly Disney's okay with some behind the scenes photos, in limited circumstances, as long as they're inviting the guests backstage and authorizing it. It's about unauthorized access.

    I wonder if WDW is more vigilant about this because of the incident at Horizons years back? The folks that literally jumped out of their ride vehicles and spent weeks hanging out and recording/photographing every bit of the ride? I loved seeing that work and I know they were just trying to preserve the ride for posterity - but I do wonder if there was a board meeting about it when those videos came out.

  13. #28

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    Re: Is photographing what lies behind construction walls considered trespassing?

    If you look at it legally (by no means am I a lawyer)

    • If Disney wanted people not to take pictures in their public areas they would have to post notice everywhere in regards to this. Example: When they film in the parks, they are required to give notice.
    • Areas that are blocked off for public use such as: Construction Walls, or Cast Member Access only areas. Disney can reserve the right to remove any non-personnel from that area.
    • To add, if that person is going into a restricted area which could cause a lawsuit against Disney, they have every right to ban or remove that person.
    • Shooting from public areas to non public areas can be restricted if Disney posts notices around the non-public area during whatever is happening in that area during that time.


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  14. #29

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by Malina View Post
    If you are photographing from a public area, you're safe.
    Under most circumstance this is a good rule of thumb. Again, there are exceptions as I've outlined before.
    "You can cut me off from the civilized world. You can incarcerate me with two moronic cellmates. You can torture me with your thrice daily swill, but you cannot break the spirit of a Winchester. My voice shall be heard from this wilderness and I shall be delivered from this fetid and festering sewer."

  15. #30

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Some public areas might get you banned too......over a bathroom stall wall for instance
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