Is it legal for me to take pictures of commercial/military aircraft taking off and landing?

Question

NOTE: I'm in the United States so for me this question is mostly about 'is it legal' in the US...

I often drive down to one of the access roads outside the fence line of the international airport in my town and take pictures of the commercial jets taking off and landing, the control tower, the ground equipment, etc. Although my purpose is completely benign (just like aircraft and aircraft related things), I've done this on a number of occasions, and I've never had guys in black Kevlar with H&Ks show up to haul me in for threatening 'Homeland Security,' I have wondered if what I'm doing is actually legal, or if I just 'haven't been caught yet.' Thoughts?

Assuming it is legal, if I were to do the exact same thing taking pictures of the military aircraft outside the fence line at the Air Force base in my town, can I expect a visit from FBI agents sporting black suits, dark sunglasses, and no sense of humor?

Answer

There's only one thing in this related field that is illegal, so far as I know. It is illegal to take pictures of a military base, even if it's from off that base (Unless there is a special event going on, like an air show). But if the area isn't a secure facility, you should be fine. My rule of thumb would be, if there's any buildings at all, you probably shouldn't be photographing, but if you can't see any buildings, you should be fine.

Legal Handbook for Photographers: The Rights and Liabilities of Making Images says that experimental craft and crashes might also be off limits. Actually, this handbook seems to be really good, I might have to buy that book... It agrees with everything I've picked up along the way, and has a lot more details as well.

As far as commercial facilities, there is no law prohibiting it at all, so far as I know. It wouldn't make much sense either.

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