New To Mac-Forums?

Welcome to our community! Join the discussion today by registering your FREE account. If you have any problems with the registration process, please contact us!

Get your questions answered by community gurus Advice and insight from world-class Apple enthusiasts Exclusive access to members-only contests, giveaways and deals

Join today!

 
Start a Discussion
 

Mac-Forums Brief

Subscribe to Mac-Forums Brief to receive special offers from Mac-Forums partners and sponsors

Join the conversation RSS
Images, Graphic Design, and Digital Photography Discussion of all things graphics.

Legal question: photographing in malls


Post Reply New Thread Subscribe

 
Thread Tools
fleurya

 
fleurya's Avatar
 
Member Since: Nov 18, 2006
Location: Anytown, USA
Posts: 4,922
fleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to all
Mac Specs: 27" iMac 2.7GHz Core i5, iPhone 4S, 3rd gen iPad

fleurya is offline
Maybe some semi-pro photographers can help with with this debate:

I mentioned to some people in class that back in June I took some photos of the iPhone release in a local mall and a security guy tried to stop me (I had a DSLR, but he didn't approach anyone with a P&S). I said it was BS because it's legal to photograph any public place. Someone told me that's absolutely untrue b/c people could be taking photos in malls for surveillance to do something illegal, so taking pictures in malls is illegal.

I have a hard time believing taking ANY photographs in a mall is illegal, but I may not be 100% correct in my statement either. Does anyone have any knowledge of legal boundaries on photography and public places, stores, whatever? If so, can you tell me your source?

"Give so much time to the improvement of yourself that you have no time to criticize others"
QUOTE Thanks
MacHeadCase
Guest
 
Posts: n/a

I would guess it depends on where you live.

Like here you cannot take a photo anywhere if someone is recognizable in the photograph: if someone is, you either have to blur the person's face out or ask his/her permission to use the photo if it is to be published.

There is a big thing about one's privacy here. I have no idea how it is in the US or in specific states. It could be a security thing, I suppose.
QUOTE Thanks
MinaMACMan

 
MinaMACMan's Avatar
 
Member Since: Apr 16, 2007
Location: Redwood City, CA / Stanford, CA
Posts: 1,792
MinaMACMan is a jewel in the roughMinaMACMan is a jewel in the roughMinaMACMan is a jewel in the rough
Mac Specs: MacBook, Black, 2.0GHz C2D, 2GB RAMs, 160GB HD

MinaMACMan is offline
I am no expert but if that is true how's newspapers getting away with it? Also TV Stations. I get what MHC is saying about privacey but still doesn't make all the sense.

It'll be interesting to hear the answer from some one who knows the real answer to this!
QUOTE Thanks
MacHeadCase
Guest
 
Posts: n/a

A newspaper was sued by a woman who hadn't given her ok for her photo to be shown and the photo made first page. Big oops! The newspaper lost.

Like I said, it's easy: if the photographer didn't get the ok, he blurs out the features (1 second's worth of smudge tool in Photoshop ). And of course the person has to be recognizable: if the shot is taken at 75 feet, no one can tell who is on the photo anyway. This privacy protection might not be too easy to understand for someone not living here.

These are privacy issues are for ordinary street or public places scenes, not criminals being caught if that wasn't clear.
QUOTE Thanks
Kash

 
Kash's Avatar
 
Member Since: Dec 03, 2006
Location: Irvine, CA
Posts: 9,385
Kash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant future
Mac Specs: Black Macbook C2D 2GHz 3GB RAM 250GB HD iPhone 4 iPad 3G

Kash is offline
I have two really good PDF documents about your rights as a photographer. I'll attach them to this post.
Attached Files
File Type: pdf Legal-Rights-of-Photographers.pdf (157.4 KB, 13 views)
File Type: pdf ThePhotographersRight.pdf (140.6 KB, 11 views)


June 2007
July 2009
QUOTE Thanks
Alexis

 
Alexis's Avatar
 
Member Since: Apr 20, 2006
Posts: 2,255
Alexis is a jewel in the roughAlexis is a jewel in the roughAlexis is a jewel in the rough
Mac Specs: Al iMac 20" 2.4Ghz Intel Core 2 Duo

Alexis is offline
The first of those PDFs is a fantastic link. Thanks!
QUOTE Thanks
fleurya

 
fleurya's Avatar
 
Member Since: Nov 18, 2006
Location: Anytown, USA
Posts: 4,922
fleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to all
Mac Specs: 27" iMac 2.7GHz Core i5, iPhone 4S, 3rd gen iPad

fleurya is offline
Thanks for the great info, Kash! It looks like I was pretty much right after all.

"Give so much time to the improvement of yourself that you have no time to criticize others"
QUOTE Thanks
Village Idiot

 
Village Idiot's Avatar
 
Member Since: Apr 04, 2007
Location: Durtburg, WV
Posts: 2,641
Village Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of light
Mac Specs: Sooper Fast!

Village Idiot is offline
In the US, there's the reasonable expectation of privacy, which is not what you would think.

It means that if you're in public and everyone can see you, then you have no expectation of privacy, anyone can take your picture.

As far as publishing goes, as long as it's editorial in nature you can use it without a model release. Also, if it's sold as art, then you don't need permission.

The second one had a really high profile case linked to it. A big name photographer took a picture of a rabbi in public and was selling the pictures for a good hunk of cash. The rabbi sued the photographer stating that he did not have his permission to take the photo. The photographer won because first, it was in public; and second, it was sold as art and not as a commercial publication (not to be confused with editorial use like in a paper or etc...)

As far as the mall goes, that can be tricky. It's a public place, but private property. If they have a sign up that says no photography, you're technically not allowed to take pictures in their business. But, if there's no signs and you have a security gaurd asking you to stop taking pictures but not the other people, you could always claim discrimination. It's whatever the lawyers can get away with really, since there were no signs and I can probably guarantee that in the security gaurd's training that no one said "people can't photograph in here", or "No DLSR's are allowed". He was probably just being a ****.

Chaotic Evil, Level 1 IT-Tech

Slough Roast Blog
Capitol Sound Blog
QUOTE Thanks
fleurya

 
fleurya's Avatar
 
Member Since: Nov 18, 2006
Location: Anytown, USA
Posts: 4,922
fleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to allfleurya is a name known to all
Mac Specs: 27" iMac 2.7GHz Core i5, iPhone 4S, 3rd gen iPad

fleurya is offline
Quote:
Originally Posted by Village Idiot View Post
As far as the mall goes, that can be tricky. It's a public place, but private property. If they have a sign up that says no photography, you're technically not allowed to take pictures in their business. But, if there's no signs and you have a security gaurd asking you to stop taking pictures but not the other people, you could always claim discrimination. It's whatever the lawyers can get away with really, since there were no signs and I can probably guarantee that in the security gaurd's training that no one said "people can't photograph in here", or "No DLSR's are allowed". He was probably just being a ****.
Since it was a big deal, there was real media there covering the story. I obviously wasn't with any part of the media, but a lot of times people see a DSLR and automatically think you're working in some professional capacity.

I just thought it was funny that the guard seemed to think nothing of people taking pictures for personal use, but for media there was some kind of difference. If there's any logic in that, I don't understand it.

"Give so much time to the improvement of yourself that you have no time to criticize others"
QUOTE Thanks
Village Idiot

 
Village Idiot's Avatar
 
Member Since: Apr 04, 2007
Location: Durtburg, WV
Posts: 2,641
Village Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of lightVillage Idiot is a glorious beacon of light
Mac Specs: Sooper Fast!

Village Idiot is offline
Quote:
Originally Posted by fleurya View Post
Since it was a big deal, there was real media there covering the story. I obviously wasn't with any part of the media, but a lot of times people see a DSLR and automatically think you're working in some professional capacity.

I just thought it was funny that the guard seemed to think nothing of people taking pictures for personal use, but for media there was some kind of difference. If there's any logic in that, I don't understand it.
If you visit POTN, there's several threads almost identical in situation to this. What a lot of these power tripping morons don't realize is that some P&S cameras out there rival DSLR cameras unless you toss a $1000 piece of glass on it. Some have IS, 10x optical zoom, and 7mp+ while some of the older DLSR's have the kit 18-55 and 4-6 mp.

And there is the true problem. They think they're in a position of power and they're just out to ruin some one's day. Nothing against security gaurds, just people with a position like that, that think they can dictate circumstances out of their authority.

Chaotic Evil, Level 1 IT-Tech

Slough Roast Blog
Capitol Sound Blog
QUOTE Thanks
Kash

 
Kash's Avatar
 
Member Since: Dec 03, 2006
Location: Irvine, CA
Posts: 9,385
Kash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant futureKash has a brilliant future
Mac Specs: Black Macbook C2D 2GHz 3GB RAM 250GB HD iPhone 4 iPad 3G

Kash is offline
Quote:
Originally Posted by Village Idiot View Post
And there is the true problem. They think they're in a position of power and they're just out to ruin some one's day. Nothing against security gaurds, just people with a position like that, that think they can dictate circumstances out of their authority.
QFT

Which is why it's best to know the law and your rights. That way you can verbally slap the guard/cop around, which is endless amounts of fun


June 2007
July 2009
QUOTE Thanks
frankmezz

 
Member Since: Jan 28, 2007
Location: Tampa
Posts: 145
frankmezz is on a distinguished road
Mac Specs: iMac 21 inch

frankmezz is offline
keep in mind the mall is privately owed and NOT a public place.
QUOTE Thanks
PowerBookG4

 
PowerBookG4's Avatar
 
Member Since: Jan 08, 2005
Location: New Jersey
Posts: 6,190
PowerBookG4 has much to be proud ofPowerBookG4 has much to be proud ofPowerBookG4 has much to be proud ofPowerBookG4 has much to be proud ofPowerBookG4 has much to be proud ofPowerBookG4 has much to be proud ofPowerBookG4 has much to be proud ofPowerBookG4 has much to be proud ofPowerBookG4 has much to be proud ofPowerBookG4 has much to be proud of
Mac Specs: Mac Pro 8x3.0ghz 12gb ram 8800GT , MBP 2.16 2GB Ram 17 inch.

PowerBookG4 is offline
Quote:
Originally Posted by Kash View Post
QFT

Which is why it's best to know the law and your rights. That way you can verbally slap the guard/cop around, which is endless amounts of fun
truely is a lot of fun.

My Website
Blog
I love my hosting company!
I was on the M-F honor roll for Febuary:2006
QUOTE Thanks
bigmof

 
Member Since: Mar 24, 2007
Posts: 179
bigmof is on a distinguished road
Mac Specs: Black MacBook with Leopard! YAY!

bigmof is offline
My aunt was video taping her two little kids at the mall, and security almost kicked them out. Security thought she was a terrorist. My aunt, her husband, a 6 year old, and a 9 year old. Terrorists?!

Stupid security!

QUOTE Thanks

Post Reply New Thread Subscribe


« Photo Software | Good Photo Editing Software »
Thread Tools

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off
Forum Jump

Similar Threads
Thread
Thread Starter
Forum
Replies
Last Post
The question game! Sydrocentric Schweb's Lounge 28 06-13-2009 04:21 AM
The QUESTION Game ToddG Schweb's Lounge 159 08-15-2007 05:25 PM
Ask 'me' a question... eric Schweb's Lounge 22 01-12-2007 06:33 AM
Alright, question time! PFerrara Switcher Hangout 5 03-18-2006 03:38 PM
Windows XP Question PowerBookG4 Schweb's Lounge 7 02-12-2006 06:45 PM

All times are GMT -4. The time now is 07:37 PM.

Powered by vBulletin
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
X

Welcome to Mac-Forums.com

Create your username to jump into the discussion!

New members like you have made this community the ultimate source for your Mac since 2003!


(4 digit year)

Already a member?