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Photo Law - Your Right to Take Pictures in Public
You have a camera. But do you know your rights when it comes to public photography? You’ll learn them here.
Public photography is wide open
That’s the general rule. When you’re on public property (a street, sidewalk, city park, etc) you can take pictures of what you see. This means that you can also photograph private property as long as you’re not trespassing to get the shot.
Unfortunately, life is never that simple. There are a couple exceptions to the rule and other details you need to know.
Does the photo subject expect privacy?
Even on public property, you can’t photograph somebody who has a “reasonable expectation of privacy.” Basically, that means you can’t snap shots of people in the bathroom, a dressing room, or similar places. Ask yourself: “Would the average person expect privacy?” If so, don’t take a photo.
Along the same lines, don’t sneak photographs of people from bizarre angles. In essence, you can’t go around taking “up skirt” photographs. Even if you’re on the public sidewalk.
Is it a question of national security?
It was news to me, but military bases and nuclear facilities can restrict photographs - even from the outside area. Even if you’re not trespassing onto government land, taking pictures of these installations could be illegal.
Don’t even try. We’re not talking misdemeanor illegal. You might be shipped off and never seen again. Yep, crazy illegal!
Stand your ground, politely
If your public photo opp passed these three stages, you’re probably safe to shoot some pictures. Since there are millions of scenarios in which you could be photographing, there’s no way anyone can tell you for sure, ahead of time.
But if someone does confront you about your photography, you can probably win by standing your ground. Bert P. Krages II has some great questions for you to ask, if confronted. Remember to be polite!
- What is the person’s name?
- Who is their employer?
- Are you free to leave? If not, how do they intend to stop you if you decide to leave? What legal basis do they assert for the detention?
- Likewise, if they demand your film, what legal basis do they assert for the confiscation?
I’m not encouraging you to break the law, but I also hate seeing people cower when someone confiscates their camera. Private parties cannot take your personal property without a court order. And unless a police officer is arresting you, he cannot take your property either.
Other resources
The Photographer’s Right - This is Bert’s printable guide on U.S. public photography law. It’s very thorough, but still readable. I’d say it’s a must-have for any budding photographer.
Photo Permit - A great site on photography law, “about keeping photographers out of trouble, and supporting them when trouble looms.”
The Reporters Committee for Freedom of the Press - Their name says it all. If you’re a journalist (or blogger?), these guys are your backup.
Any questions?
I’m sure that whirlwind tour of public photo law might have raised some questions. I’ll do my best to tackle them. Just post a comment, and we’ll talk!
>>If you need legal help, feel free to call Andrew: (540) 318-5824.
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October 11th, 2007
Nice post.
October 12th, 2007
What about posting pictures of people in blogs / websites? If someone takes a picture of another, then uses that person’s image as a blog post, what can the person do if they don’t want their picture on the Internet?
For example, there’s a blog where someone takes pictures of overweight people then posts the pictures on his blog and laughs at them. Yes, the people were in the public, but I think it’s cruel to people out on display like that without their permission.
Shouldn’t you be required to have a person’s permission before you display their picture on the Internet?
October 12th, 2007
Hi Shark Girl!!
My understanding is that you can generally publish photos that were legally taken. With that said, you can’t break other laws in the process. A classic example is taking a photo of a celebrity in public, then using that photo to say that the celebrity endorses your product. It was legal to take the photo, and it is ok to publish it. But you can’t claim an endorsement that doesn’t exist.
Your example about making fun of people probably doesn’t rise to an illegal level. It’s clearly not a Christian thing to do, but it’s typically free speech.
Thanks for the insightful comment!
Andrew
October 13th, 2007
But you can not publish a picture where single persons are clearly recognizable without asking for their permission first. Celebrities are an exeption because they live in “public domain” by choice.
October 13th, 2007
dude,
Actually, I think your statement is too broad there. The law varies by state, but you’re talking about the right to privacy. Generally, you can’t use a person’s photo to publicize a matter that would be highly offensive to a reasonable person and is NOT of legitimate concern to the public.
Taking a photo of somebody walking down the sidewalk probably doesn’t violate their right of privacy. You’re not publicizing something offensive, so it’s not a problem.
With that said, obtaining a written release is a good measure of protection. Heck, this is an entire blog post by itself.
October 14th, 2007
Cool post. Kinda gets you thinking .Personally I never thought twice about taking snaps and having people in them. I also probably would have been intimidated by someone asking for my camera, mainly because I had no idea what to expect and what was legal and what wasn’t.
Thanks for giving me a new perspective.
October 14th, 2007
Hi Owen,
I’m glad the post gave you something to think about. I guess the reason most people don’t really think twice about this is because most of our snapshots are legal. Most people don’t trespass or breach people’s privacy with their cameras. That’s a good thing!
Andrew
October 14th, 2007
Good article.
I’ve always been interested in the general issue. The one that I notice you didn’t totally cover is the scenario where a person in public demands that you destroy a photo you took of them, or otherwise creates a scene about them being in your picture. What would your comments be on that?
As far as having a security guard, property owner or otherwise non-governmental people demanding your camera, film, or storage cards, there’s no way I’d consent to that or give up - it’d take no less than a police officer to surrender any personal property, and even then I’d resist unless given official reasoning.
October 14th, 2007
Thanks for the info.
Anyone here who knows what the situation is in the UK on this?
-C-
October 14th, 2007
@ SharkGirl
A situation where you take a picture solely to make fun of someone would fall under verbal assult and probably libel as well. Its not a free speech issue, and DEFINATLY not a nice thing too do.
If you took a picture of a fat person eating McDonalds and went on to comment on how McDonalds is ruining our lives that would fall under free speech.
October 14th, 2007
Thanks GodsFavorite. I like your nick by the way. If you’re that close to God that you can be one of His favorites, would you mind sending HIm my way? I feel like I’m fighting a losing battle.
I would post a link to where the pictures are, but I don’t want to give the person of having satisfaction of traffic to the site. It’s very sad that the people were photographed and put on public display and mocked.
October 14th, 2007
How do you know if you are in a public place. For example, is a publicly funded Zoo a public place? What if it is only subsidized by the state? Etc…
October 14th, 2007
@Shark Girl
Yes I am His favorite. And so are you. Think about it, the God who formed the stars with his fingertips still loves you immensly.
check out everystudent.com for some resources. I’ll keep watching this blog.
October 14th, 2007
Gavin,
In short, I’d say that if you took the picture legally (in public, of something that a person can’t claim is private), there is no reason you’d have to destroy the photo (or give it to them). If the person is upset enough, they might take it to court. If the judge decided that you did something wrong, HE could order you to destroy the photo or relinquish it.
Thanks for your comment!
Andrew
October 14th, 2007
-C-
I’ll have to do some research on this. It would be an interesting comparison to look at U.S. law on this matter, compared to several other countries. Perhaps a nice chart!
October 14th, 2007
Leo,
A “public place” is not always clear, unfortunately. Typically, something run and funded by the government would be considered “public property.” So a state university or city zoo would usually count. In fact, I can’t think of a time when these two examples wouldn’t be public (when funded & run with govt. money).
October 14th, 2007
GodsFavorite,
Thanks for stopping by! I love your name too!
I don’t agree that making fun of someone would be libel. Libel is making a false statement against someone that harms his reputation. To actually be libelous, a statement has to be factual. Just putting forth an opinion on something is not libel, though it may be incredibly rude and horrible to say (like calling someone fat, ridiculing, etc).
Please don’t think I’m defending whatever site Shark Girl is referencing. I think it sounds horrid. I’m speaking to the legal aspect only.
October 15th, 2007
[...] Andrew writes up some short facts about when it is and isn’t okay to snap pictures in public. Read through the comments as [...]
October 15th, 2007
In reply to SharkGirl, I think that if the photo is to be used as “news” you can publish without a release. I would get a release from the subject when ever possible in the event you have someone that might want to buy the photo rights for some commercial purpose.
matt
October 15th, 2007
[...] been a big weekend for Legal Andrew. I’ll post details in a day or two, but my post on photo law made the main page at [...]
October 15th, 2007
[...] at “Legal Andrew” has a great discussion going on about pictures, and what your rights are as a photographer.   Readers, including me, [...]
October 15th, 2007
[...] to you great readers, Legal Andrew had its first Digg main page debut. On Sunday, my photo law post hit the main [...]
October 17th, 2007
[...] Read It All: Photo Law - Your Right to Take Pictures in Public « Legal Andrew [...]
October 17th, 2007
[...] http://www.legalandrew.com/200.....in-public/ [...]
October 25th, 2007
I got a question on this matter. I’m from Canada so the law may be different on this matter. My girlfriend and her sister have pictures of my son on facebook. These pictures have both my son and them in the picture. Now my sons mother (who is the custodial parent) is demanding to take them down. I am the childs father and was just wondering how much ground does she have on this matter.
Thanks.
October 25th, 2007
JDaddy,
This is a sticky situation, as I’m sure you know. Unfortunately, I’m not very familiar with Canadian law on this point. The safest option is to take down the pictures. Since the primary photo subject is a child AND his custodial parent doesn’t consent to having them published, it’s probably wise to do what she asks.
But, please keep in mind that I can’t give you legal advice. I’m only licensed in Virginia, and you’re not my client. Sorry!
Thanks for the comment,
Andrew
November 1st, 2007
I take action shots at football,baseball,motocross. Sometimes I take pics of the spectators.
Am I protected by posting them on my website? Yes I do sell them to the parents/grandparents/selves. I am so involved in these events that I do know if someone other than family is trying to purchase a photo.
I have not sold them to any publication. But in the event I am approached, I do know I need a release agreement.
November 1st, 2007
michele,
This is an interesting question. If you’re actively pursuing this as a business, I would strongly advise you to consult with an attorney licensed to practice in your area.
I would say that posting the photos online is no problem. But selling them gets a little trickier. I just don’t know the best answer to that question. Sorry I couldn’t be of more help.
November 7th, 2007
[...] source 没有评论, 评论或Ping [...]
November 11th, 2007
I live on a military base. I am aware I cannot take photographs of certain things. But I’m sitting here looking out my window and the marching band is practicing across the street. That is how I ended up here. Wondering if it would be okay to take a picture of them practicing. Is there a site or document somewhere on the internet that specifies what I can or cannot do. I also want to get a picture of the inside of the gate.. .not the gate itself just the area down the middle of the street where the fighter jet and all the state flags are. I’ve never taken a photo of it because I’m not sure if I should. I do not see how items like this can affect security. I have taken pictures of areas around housing. and out the back door. There is an official building showing but with all the trees around it , it is a bit unrecognizable. I live here and I can’t even think of what it is.
November 11th, 2007
Laura,
You’re bringing up some very interesting points about photography on military bases. The best advice for you is to ask these questions from your base’s administration. If there are restricted photography rules, they should be able to provide you with guidance.
With that said, I can’t imagine how the things you’re describing could be restricted. The marching band and a street hardly seem like security issues. BUT you never can tell, especially in our post-9/11 country.
Andrew
November 16th, 2007
I am from Texas and own my own website where I post my work,
A couple of months ago I did a shoot at a car show where a famous rapper was doing a photoshoot for a magazine. I had the chance to take some pictures and would like to post them up on my website. Do I need to get any kind of permision from any one. I only want to show my work …not sell what I’ve shot.
November 17th, 2007
Fabian,
People can generally photograph things in public and even display those photos publicly. As long as you’re not selling photographs, you’re probably fine. With that said, it’s always best to consult an attorney licensed to practice in your area.
I took a second to check out your site, and I love your work! I grew up North of Fort Worth, and some of your pictures really remind me what I’m missing now that I left Texas.
November 18th, 2007
Hello. I recently took photos of a celebrity at a book signing for that person’s book. Am I able to sell some of these photos on E-bay, or is that against the law? The photos were taken in a bookstore at an event open to the public.
November 29th, 2007
[...] Photo Law - Your Right to Take Pictures in Public [...]
November 29th, 2007
What about taking photos of a government building in the U.S. (not just a military base)? For instance federal courthouses have signs saying it is illegal to take photos.
What if the government offices are in a private building, can you not take a photo of the building?
If the building is in the city skyline, can you not take a photo of the city skyline?
December 1st, 2007
Todd,
These are some great questions. I’m going to write a new article that focuses on the government building angle. I’ll definitely have to research that one.
December 3rd, 2007
Hi,
This has probably been asked before so I apologize for asking again.
(At work-no time to read threads) I was at a Christmas Parade this weekend and took over 200 photos. Some of these photos I would like to license commerically. There is one in particular of a costumed “Santa” riding the firetruck. Does this image need a model release form? I will appreciate your response. Thanks so much!
photokarazy
December 3rd, 2007
Hey photokarazy,
The best solution is to get a model release whenever you’re planning to sell photos of people. If you weren’t selling it commercially (or you were using it for a news piece), you’d probably be safe without a release.
For true legal advice, you should contact a lawyer in your jurisdiction. Or try a free legal advice site like LawGuru.com.
December 4th, 2007
Hey,
At my church we want to put up a public photo album on our College/Young Adult ministry web page. The photos are taken by us at events we hold/attend. Sometimes on mission trips children might be included in the pictures. We are worried about legal issues within the church that could occur related to this photo album. From the above article and posts is seems like we don’t have much to worry about, but I would like to get your opinion on the matter. Thanks in advance!
– Jason
December 4th, 2007
Jason,
The main concern is that parents might not want pictures of their kids publicly available on the internet. Your general legal counsel can best advise you about how to handle this. But it’s probably enough to just take down specific pictures if & when parents raise a concern.
Best,
Andrew
December 9th, 2007
I have a question much like that of “JDaddy” only a bit different and a bit more complicated. I am the custodial parent of my son, and I was doing some searching online on a website that my sons Dad is a member of. I wont go into details, but he is the non-custodial parent, with nothing more than supervised visitation rights. He is involved in some pretty crazy stuff, and in effort to keep my sons best interest at hand, I believe I have the right to check him out online. So, I found a message board that he posted on about a year ago, right after our son was born. One of the forums asked the members to post pictures of themselves, and he posted one of he and our son the day he was born. The picture itself is in no way incriminating, however, the website that he posted it on is full of pervese pictures and writings, and even has included pornography. After seeing my son’s picture on this site, I got pretty angry, but kept reading to see the comments in reply to it. A few replies later, one of the other members (I cant tell who because i cant look at profiles unless im a member), but this member said “Can we see naked pics of the baby soon?”. This infuriates me. Is there any way I can make the website take that picture off if I am not the one that posted it? I do have an attorney that handles all of my custodial and business affairs, so I will call her on Monday, but I was hoping you’d have some advice in the mean time
Im infuriated and I want to do the right, legal thing for my sons sake, but at the same time I am so mad at his Dad for posting that without my permission, and even moreso at the pervert that had the gull to write that about an innocent little child. Do I have any options here?
-Annonymous Angry Mommy
January 12th, 2008
hi,
I want to start a blog/website that will feature videos of people that we interview or random people doing healthy things. nothing illegal or demeaning. can I post without concern? also can I post the same to youtube?
thanks
chris
January 12th, 2008
chris,
Since you’re not planning to sell the photos and videos, you probably don’t need a model release from the subjects. But the people might be able to demand that you remove any photos or videos of themselves.
For legal advice, you should contact a lawyer in your jurisdiction. Or try a free legal advice site like LawGuru.com.
Andrew
January 13th, 2008
i have a little issue and im hoping you can help me with it. i recently had called in sick for work one day and someone came into my apartment and took a picture of me in my apartment so she could bring it back to my place of work,show it to my boss and try to get my fired.i feel that it is at least breaching my rights and i would like to know what actions i could take.would you please help me.
January 13th, 2008
logan - I’m not sure what to tell you here. If your boss did anything because of the photo, you should consider calling an attorney. If you allowed the person into your apartment, there might not be much you can do. But if they came in uninvited, there might be a trespassing claim or something.
January 22nd, 2008
I enjoy photography so long as I’m taking the photo’s! although I only take them with peoples consent, I hate being photographed and usually refuse to allow anyone to do so. My employers now say they want a notice board with staff photographs on it displayed for all to see…. AGGGHHH! Do I have any rights to refuse. Surely my human rights can stop it…I hope! PLease dig deep into the laws you kow and get me out of this!!!!
D.smith
January 23rd, 2008
D - I’m not sure what to tell you on this one. The best solution would be to politely ask if you can stay off the photo board. Your employer might be willing to respect your wishes.
January 28th, 2008
My son was at a wrestling tournament in Idaho, we live in Montana, and while at this tournament, somebody took pictures of him, and has posted them on a website, this is not the news, they want me, his mother, to see the pictures and buy them.
I never released rights to publish photographs of my son, is this okay?
February 2nd, 2008
Kellie - I can’t give you legal advice, since I’m only licensed in Virginia. Your best option is to consult an attorney in your area.
Photographers generally can’t sell photos of people without getting a written release from the model. But that might change if the photographer is only offering the photo for sale to the model’s parents. You could do some reading on the right to privacy, specifically, the “right of publicity.”
February 7th, 2008
Hello
When publishing photos for profit, under what circumstances would a “release” be required.
The photos in mind are,
Towns/Scenery with people in them walking down the street.
Cars, Trucks and Animals from a country fair.
Houses and Architecture (private homes, no people)
Vehicles, Trucks, Fire Trucks,
thanks
February 10th, 2008
Hey, releases aren’t typically needed when photographing people and things in public, especially on the public sidewalk. But be sure not to invade people’s privacy. That’s the key.
February 11th, 2008
I have an issue with a lawyer. He was parked in front of my house, which is in the country on a dead in road, waiting to take a picture of our dogs. He did take a picture of one who was inside our fenced pasture. He is a lawyer for our neighbor who we have a protective order on because of his threatening acts with guns. He is trying to justify it now by saying our dogs are viscous. Does his lawyer have a right to take pictures of my personal property without my consent?
February 11th, 2008
Susie - It sounds like you really need to consult a lawyer licensed in your jurisdiction. But if this lawyer remained on the public road when taking pictures of things in your yard, there’s probably nothing illegal there. You don’t have an expectation of privacy in your yard, since the passing public can easily see it.
February 12th, 2008
My question is concerning a picture that my Girlfriend had on her Myspace page. The photo was of our little girl and my daughter with my ex-wife. She claims that it is illegal for my girlfriend to post the pic. Is this true in anyway.
February 17th, 2008
Jerry - It’s always a difficult question when children are involved. If one parent does not want the child’s picture online, it is best to remove it. An attorney licensed in your jurisdiction could give you advice on your specific situation.
February 23rd, 2008
I took pictures of my unkempt apartment complex. Is it legal to post those pictures on apartment rating websites?
March 1st, 2008
Molly - Posting pictures of something to rate and discuss it is probably just fine. As long as pictures aren’t being sold or used commercially, it’s pretty safe to publish them.
March 1st, 2008
Is it okay to post pictures of people taken at work inside an office on a password protected site like piczo? They aren’t doing anything compromising and nothing uncomplimentary is said.
March 4th, 2008
help….our hoa is always wanting proof so when the neighbor lied and said 2 or her 4 dogs were no longer with her…..I went up to my second floor bedroom and took a picture of the 4 dogs inside her fenced in backyard because her backyard is in sight of my bedroom window. the pic was sent to the hoa for proof. Now she wants to see that pic cause she is going to sue me for every cent I have cause I encroached on her privacey…………..is she right? help………….I only thought I was doing the right thing because she lied in the first place.
March 5th, 2008
Hello, I’m part of a tech committee at my school and we were wondering what, if any, is the law on pictures of children posted on the internet? I’m not talking about explicit pictures and such, I mean if you take just a random picture of kids in a park, do you have to get parental consent to put it on the internet? Or in a different scenario and you took pictures of kids that you know and posted it on myspace or something. If the parents saw those pictures and demanded that you remove them on what legal ground could they do that. And to what age would you need parental consent? Thank you so much.
March 21st, 2008
Hi,
I would like to know, if for instance, you are at a State institution, for example a State hospital, and you take photos of buildings that are no longer in use, there are no signs telling you that certain areas are ‘off limits’, no signs telling you that photography is not permitted, would this State run facility be considered ‘private property’ ? Photographing people may be, but I would like to know if photographing the buildings or portions of the property, be illegal, if you will?
March 21st, 2008
Richard,
Property owned by the state is public. There can be restrictions on access or photography, but those would typically be visibly posted at the site. As long as you are allowed to be there, taking some photos is typically just fine.
Andrew
March 24th, 2008
If I am writing a how to book and would like to include pictures of recognizable privately owned buildings, do I have to get a realse from the owners or can I publish them as long as I take them from a public area?
March 24th, 2008
Andjelika - Generally you don’t need a release to publish photos of buildings, if you took them while you were on public property. But some buildings can actually be protected by copyright and/or trademark laws, so it gets a bit tricky. If you are serious about publishing a book, you should consult an attorney to get the best advice possible.
March 26th, 2008
Hi. my question is similar to Andjelikas. I live in a small town and take pictures of peoples houses, trees in their yards and people’s old boathouses and windmills. I am wanting to sell these pictures in a local venue and am wondering if I need to have permission from the owners of the homes/boathouses and such, before I can sell the photos.
March 27th, 2008
Jenny - For homes and small properties, a release is probably not an issue. If you are in Virginia, I would be happy to help advise you on this point. Otherwise, you should contact a lawyer licensed in your jurisdiction.
April 3rd, 2008
Hi there. I’ve read through most of the comment explicitly and don’t see the direct answer to my question. Simply put, my husband’s mother has put pictures of OUR children on my space after we told her not to do it for safety concerns. Not only did she put their pictures, but she put names with pictures. In America, can she do this after being told, in writing, that she does not have our permission?
Thank you!
April 3rd, 2008
Brandy - I encourage you to contact MySpace. It’s their site, and they have ultimate control over what is posted there. I found these two listings of “prohibited activity” in their Terms and Conditions:
“Prohibited Content includes, but is not limited to, Content that, in the sole discretion of MySpace:
8.14 includes a photograph or video of another person that you have posted without that person’s consent;
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.”
Use the MySpace Contact Form and report the abuse.
April 17th, 2008 (4 weeks ago)
In regards to Laura
November 11th, 2007 comment about photos on militery bases. I am currently a SGT. in the United States Army. My advice for anyone wanting to take photos on any miltery bases they should ask permission from their chain of command if they are in the armed services. If not in armed service ask a miltery police officer they will give you the right answer. Because the senstivty of nature of the work performed on bases even a simple photos can be a no no. Photos of miltery aircraft on bases is a big no, no. Asking permision first always saves you a head ache in the long run. Love the site keep up the good work.
April 27th, 2008 (3 weeks ago)
[...] to Legal Andrew.com we have some references to more reading on a photographers right to take photos, see Bert Krages [...]
April 27th, 2008 (3 weeks ago)
I am curious about your input on adding public pictures for example, commercial buildings, residential exteriors, people in public, to my website. In mid summer I will be starting to advertise my real estate photography business. Although I do not have any clients at the moment I do need to post pictures of what my photographs are like, so I am planning to take pictures of residential
April 27th, 2008 (3 weeks ago)
Sorry, for some reason my previous post was cut off, I am sure it was something I did so I am going to post it again.
I am curious about your input on adding public pictures for example, commercial buildings, residential exteriors, people in public, to my website. In mid summer I will be starting to advertise my real estate photography business. Although I do not have any clients at the moment I do need to post pictures of what my photographs are like, so I am planning to take pictures of residential & commerical exteriors, some may have people in them. I will not be selling any of them as stock photography but am using these pictures to gain business. Does this still fall under the catagory of stock photography, do I need permission to use any of the photographs? Is this legal for me to do?
May 2nd, 2008 (2 weeks ago)
Hello, I’m just getting started on my local action community photos. I took some photos at the local park and gave out my card. No one said they objected. However, a woman called me and said that foster children could not have their photos taken. I said did I take a picture of a foster child. I’ll be happy not to use it. Seems like she was just checking me out and didn’t offer her friends identy as I took her photo. And she didn’t ask me not to use that particular photo. Also, can I take photos of high school, college events or do I have to get permission. The newspaper takes school shots all the time. Just curious, thanks, Kent
May 3rd, 2008 (2 weeks ago)
I am a manager in a movie theater at the mall. Today, two of my young female employees came to me rather disturbed by an older man who, they believe, was taking pictures of them.
Not knowing whether I even would be justified in going to the man about the issue - if he WAS taking pictures, I didn’t know if it was wrong of him to do - besides the uneasy feelings the girls felt from it - I went to the mall security guard to ask him.
We have had a few cases of some guys who admire our young female employees - ranging from the shy nerd who kept coming by to the bold thug-type who would go into the empty theater as the girl was doing her job and cleaning after the movie let out. This all said to explain MY reason for taking the step I took to go to a security guard about it. I believe it’s our responsibility to keep our employees safe both physically and mentally. They were upset and therefore obviously felt threatened to some degree by this man.
It ended up the security guard called in deputies which wasn’t my intention - I just wanted to know if I would be legally justified in speaking to him about it in the first place if he WAS taking pictures.
Nothing came of it but the man was upset.
My main question is this - even though our theater is within the shopping mall, do we have a legal right to say No to photos and place our own rules and restrictions on this type of thing? Considering it’s a movie theater, people are not permitted to have recording devices but nowadays, phones are equipped with everything under the sun.
Thanks for any input.
May 3rd, 2008 (2 weeks ago)
PS - they were in an auditorium, cleaning it between shows. The man was there early for the next show so it was empty but for him and the girls.
May 6th, 2008 (6 days ago)
@kc - You can generally prohibit activity like this on your private property. Many stores and businesses prohibit photography, and they can do so. It’s their business.
May 6th, 2008 (6 days ago)
@kent - It sounds like your activity is generally within the analysis above. If you’re in a public place taking photos of public stuff, that’s ok. Publishing them can be another matter altogether.
May 9th, 2008 (3 days ago)
General Question if you have time to answer. I am on a public beach where some ladies are sunbathing nude, or topless. Can I take pictures of them? I realise this might upset their boyfriends/husbands, or even might upset the girl herself, but, afterall, she is in public and is not in a location where she could reasonably expect it to be considered private.
Also how about a girl shopping on a public street. Can I take her picture? Example, she is walking down the street and is wearing an outfit i would like my girl to try to find for her wardrobe. Can I take her picture?
May 10th, 2008 (2 days ago)
@Alan - I would never advocate taking pictures like you mention. Even if it was legal, I wouldn’t do it. Let’s be gentlemen and not treat women like objects.