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Thread: Question - Electricity power points at underground carparks?

  1. #21
    vince123123
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    Default Re: Question - Electricity power points at underground carparks?

    Ah okay, in that case, the best way is to simply just go in uninvited hahah Only face criminal trespass but can still use the photographs (if one is inclined to go do this way).

    However, I do suggest an untested strategy. The photographer can ask his friend (who is a resident) to bring him in. When that has been done, the photographer will be the one shooting the photographs, not the friend.

    In that way, a criminal trespass case is less likely to stick, and yet any enforced order of by-laws will not affect the photographer (since the photographer is not bound by them).

    They may affect the resident but the court cannot compel the resident compel the photographer to destroy the photographs either! This is similar to the rules of privity of contract.

    Yes the resident "may be responsible", but the court has no jurisdiction over the photographer. The most the court can do is to order the resident to pay damages, but that would be another problem because the MCST now has to prove that they suffered damage and quantify it! And that is likely to be difficult from a mere taking of photographs.

    Quote Originally Posted by yqt View Post
    You are right, and that's the reason for post #14 ( above quote ).

    Anyone who comes into a private estate is hosted by a resident and the resident have to be responsible for their guest's actions/behivour.

  2. #22
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    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by vince123123 View Post
    Ah okay, in that case, the best way is to simply just go in uninvited hahah Only face criminal trespass but can still use the photographs (if one is inclined to go do this way).

    However, I do suggest an untested strategy. The photographer can ask his friend (who is a resident) to bring him in. When that has been done, the photographer will be the one shooting the photographs, not the friend.

    In that way, a criminal trespass case is less likely to stick, and yet any enforced order of by-laws will not affect the photographer (since the photographer is not bound by them).

    They may affect the resident but the court cannot compel the resident compel the photographer to destroy the photographs either! This is similar to the rules of privity of contract.

    Yes the resident "may be responsible", but the court has no jurisdiction over the photographer. The most the court can do is to order the resident to pay damages, but that would be another problem because the MCST now has to prove that they suffered damage and quantify it! And that is likely to be difficult from a mere taking of photographs.
    First and foremost, I don't think it is wise for anyone to "suggest" a way to skip/skirt/bend the laws unless one is prepared to stand by it and even defend it in a the event it becomes a court case. We can all give our opinions or share our knowledge but to suggest ways of breaking the rules/laws, that is never wise. Of course, the above is just my opinion and you're entilted to your own likes and dislike of what you post. I just suggest readers reconsider your suggestion.

    Nevertheless, as a word of coution for all readres, the management can still go after the phorographer for using the photos if they have already inform him/her that the image was created in a private property without the proper clearence form the management and till clearence is given, the images should not be used. The management's stand is that it is a private property of which under the Act, no commericial activity is allowed and as such the photographer have breach the Act as well. The KEY POINT you must remember is that in a shopping ctr, their rules are not registered and as such is not back by any laws or act. A condo's by-laws are registered with the Land Title Strata Board and is enforcable under the Act.
    Last edited by yqt; 1st June 2009 at 01:33 PM.
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  3. #23

    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by yqt View Post
    First and foremost, I don't think it is wise for anyone to "suggest" a way to skip/skirt/bend the laws unless one is prepared to stand by it and even defend it in a the event it becomes a court case. We can all give our opinions or share our knowledge but to suggest ways of breaking the rules/laws, that is never wise. Of course, the above is just my opinion and you're entilted to your own likes and dislike of what you post. I just suggest readers reconsider your suggestion.

    Nevertheless, as a word of coution for all readres, the management can still go after the phorographer for using the photos if they have already inform him/her that the image was created in a private property without the proper clearence form the management and till clearence is given, the images should not be used. The management's stand is that it is a private property of which under the Act, no commericial activity is allowed and as such the photographer have breach the Act as well. The KEY POINT you must remember is that in a shopping ctr, their rules are not registered and as such is not back by any laws or act. A condo's by-laws are registered with the Land Title Strata Board and is enforcable under the Act.

    Just like not too long ago, some nude picture were taken in one of the local 5 stars hotel room and get published, the picture was taken at the balcony and city skyline as backdrop.

  4. #24
    vince123123
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    Default Re: Question - Electricity power points at underground carparks?

    I think discussions are okay so long as there is nothing illegal done. I am not suggesting ways to break the laws, but I'm suggesting what is a solution within the legal framework. I will be prepared to defend it if the situation happens to me . My suggestion may sound like a way to "break the law" but if you read carefully, no laws are being broken.

    As for your second paragraph, that can be your view; and it is my view that the condominium by laws do not bind anyone who is not a "subsidiary proprietor, mortgagee in possession, lessee or occupier".

    The laws relating to private property merely allows the owner to evict the person or sue/charge him with trespass. It does not extend to compelling a person to delete his photographs, nor does it give any right of action to an injuction to prevent usage of the photographs.

    Having a set of registered by laws is no different from the rules in a shopping centre if they cannot be enforced against the photographer. The registered by laws are effective only against the "subsidiary proprietor, mortgagee in possession, lessee or occupier". In such a case, registration is immaterial against someone who is not a ""subsidiary proprietor, mortgagee in possession, lessee or occupier".

    If you feel the photographer has breached the Act, do let me know which Section is being breached so that we can discuss this further.

    The KEY point is that registered by laws are only enforceable against the someone who is a "subsidiary proprietor, mortgagee in possession, lessee or occupier""

    Quote Originally Posted by yqt View Post
    First and foremost, I don't think it is wise for anyone to "suggest" a way to skip/skirt/bend the laws unless one is prepared to stand by it and even defend it in a the event it becomes a court case. We can all give our opinions or share our knowledge but to suggest ways of breaking the rules/laws, that is never wise. Of course, the above is just my opinion and you're entilted to your own likes and dislike of what you post. I just suggest readers reconsider your suggestion.

    Nevertheless, as a word of coution for all readres, the management can still go after the phorographer for using the photos if they have already inform him/her that the image was created in a private property without the proper clearence form the management and till clearence is given, the images should not be used. The management's stand is that it is a private property of which under the Act, no commericial activity is allowed and as such the photographer have breach the Act as well. The KEY POINT you must remember is that in a shopping ctr, their rules are not registered and as such is not back by any laws or act. A condo's by-laws are registered with the Land Title Strata Board and is enforcable under the Act.
    Last edited by vince123123; 1st June 2009 at 05:28 PM.

  5. #25
    Member iamryansaw's Avatar
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    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by yqt View Post
    Bro, if you do guerilla style, the management can still stop you during the shoot and you can't use the images shot until they give you the go ahead better to get permission first
    Quote Originally Posted by poh6702 View Post
    Generally in public car park, there will be electrical power socket but they are under lock and key. You need to find ways to get them to unloack for you.

    On the other hand, most of the condo car park will have free power socket that are available for resident to use like vacuming the car.

    Ah thank you for all the response guys. I think this two gave me enlightenment. Didnt think about the vacuming part but i'm not sure my condo have or not.

    This photoshoot is for a friend's band to use as their press kit, to promote themselves.

    I'm thinking i better ask the management first.

  6. #26
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    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by cabbySHE View Post
    Just like not too long ago, some nude picture were taken in one of the local 5 stars hotel room and get published, the picture was taken at the balcony and city skyline as backdrop.
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  7. #27
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    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by vince123123 View Post
    I think discussions are okay so long as there is nothing illegal done. I am not suggesting ways to break the laws, but I'm suggesting what is a solution within the legal framework. I will be prepared to defend it if the situation happens to me . My suggestion may sound like a way to "break the law" but if you read carefully, no laws are being broken.

    As for your second paragraph, that can be your view; and it is my view that the condominium by laws do not bind anyone who is not a "subsidiary proprietor, mortgagee in possession, lessee or occupier".

    The laws relating to private property merely allows the owner to evict the person or sue/charge him with trespass. It does not extend to compelling a person to delete his photographs, nor does it give any right of action to an injuction to prevent usage of the photographs.

    Having a set of registered by laws is no different from the rules in a shopping centre if they cannot be enforced against the photographer. The registered by laws are effective only against the "subsidiary proprietor, mortgagee in possession, lessee or occupier". In such a case, registration is immaterial against someone who is not a ""subsidiary proprietor, mortgagee in possession, lessee or occupier".

    If you feel the photographer has breached the Act, do let me know which Section is being breached so that we can discuss this further.

    The KEY point is that registered by laws are only enforceable against the someone who is a "subsidiary proprietor, mortgagee in possession, lessee or occupier""
    As was mentioned, this is your view and my posting is base on my view so nothing is confirm so I'll leave it as that.

    If you want to find out more, I'm sure you have firends who are lawyers specialising in MCST law, it would be better to check with them.
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  8. #28
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    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by iamryansaw View Post
    Ah thank you for all the response guys. I think this two gave me enlightenment. Didnt think about the vacuming part but i'm not sure my condo have or not.

    This photoshoot is for a friend's band to use as their press kit, to promote themselves.

    I'm thinking i better ask the management first.
    Depending on the management, normally if you ask nicely, it would be OK.

    Good luck
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  9. #29

    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by yqt View Post
    As was mentioned, this is your view and my posting is base on my view so nothing is confirm so I'll leave it as that.

    If you want to find out more, I'm sure you have firends who are lawyers specialising in MCST law, it would be better to check with them.

    Hi

    Just curious...even in the absence of any specific by-laws or Act, can the MC still commence civil actions against the photographer under eg tort law etc?

    Thanks.

  10. #30
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    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by osocan View Post
    Hi

    Just curious...even in the absence of any specific by-laws or Act, can the MC still commence civil actions against the photographer under eg tort law etc?

    Thanks.
    Hmmm ........... not too sure of tort law or even what it means so cna't help you there
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  11. #31
    vince123123
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    Default Re: Question - Electricity power points at underground carparks?

    No problem, each of our posts are based on our own views. If one's view is not substantiated well enough, then the reader will just adjust his reliance accordingly.

    This is not a place to get free legal advice or black and white cover your ass; and hence, the readers can just read the opposing views and decide what to do accordingly.

    I'm also sure you have friends specialising in MCST law that you can ask.

    Quote Originally Posted by yqt View Post
    As was mentioned, this is your view and my posting is base on my view so nothing is confirm so I'll leave it as that.

    If you want to find out more, I'm sure you have firends who are lawyers specialising in MCST law, it would be better to check with them.

  12. #32
    vince123123
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    Default Re: Question - Electricity power points at underground carparks?

    Trepass is the only tort that comes to mind. That however, does not cover the photographs themselves.

    Quote Originally Posted by osocan View Post
    Hi

    Just curious...even in the absence of any specific by-laws or Act, can the MC still commence civil actions against the photographer under eg tort law etc?

    Thanks.

  13. #33
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    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by vince123123 View Post
    No problem, each of our posts are based on our own views. If one's view is not substantiated well enough, then the reader will just adjust his reliance accordingly.

    This is not a place to get free legal advice or black and white cover your ass; and hence, the readers can just read the opposing views and decide what to do accordingly.

    I'm also sure you have friends specialising in MCST law that you can ask.
    Agreeded with you on this

    CS is a good place to get some basic information and it would be good tho remind readers that postings here are not the bible truth

    Yeap, got a few contacts dealing in MCST laws and have some working knowledge of it
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  14. #34
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    Default Re: Question - Electricity power points at underground carparks?

    Quote Originally Posted by osocan View Post
    Hi

    Just curious...even in the absence of any specific by-laws or Act, can the MC still commence civil actions against the photographer under eg tort law etc?

    Thanks.
    Quote Originally Posted by vince123123 View Post
    Trepass is the only tort that comes to mind. That however, does not cover the photographs themselves.
    For trepass, so long as there is a resident agreeds that the photographer is their guest, I don't think any management will challange it.

    Strictly speaking, the management have control over the common areas and as such can classify anyone within the common areas as an unwelcomed guest and ask them to leave the common area. This is rarely exercised as most management would prefer to approch the resident concern to resolve the issue.
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  15. #35
    vince123123
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    Default Re: Question - Electricity power points at underground carparks?

    Which was the reason for my suggested solution above

    Quote Originally Posted by yqt View Post
    For trepass, so long as there is a resident agreeds that the photographer is their guest, I don't think any management will challange it.

    Strictly speaking, the management have control over the common areas and as such can classify anyone within the common areas as an unwelcomed guest and ask them to leave the common area. This is rarely exercised as most management would prefer to approch the resident concern to resolve the issue.

  16. #36
    vince123123
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    Default Re: Question - Electricity power points at underground carparks?

    Yup, want black and white, better pay a lawyer. Dont put lawyers out of business by everything wanting free; just like how people want free photographers

    Quote Originally Posted by yqt View Post
    Agreeded with you on this

    CS is a good place to get some basic information and it would be good tho remind readers that postings here are not the bible truth

    Yeap, got a few contacts dealing in MCST laws and have some working knowledge of it

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