Jeffraham Prestonian had a run with a police officer earlier this week. He tells it better than I can:
I have my camera with me, so I take it out, take a couple of quick, non-flash snaps of the sign, as I stood on the sidewalk several feet outside this business. I turn to re-enter the restaurant next door, and am accosted by a woman — “Who are you?! Why you take picture!?” I told her I was about to have dinner, and went inside.
She followed me inside the restaurant, repeating herself. I told her that I saw something on the wall of the business I wanted to photograph, and that there was nothing wrong with what I had done. She demanded that I erase the photo(s). I told her I would not, and that if she felt wronged, she should call the police — “862-8600, my dear. They are just over the hill from where we are, now.”
Well, apparently, she did.
Read the rest of JP’s run in with a restaurant owner and the police at Presto Change-O!
he’s probably some sort of terrorist or commmie, takin’ pictures like that.
I said as much over there, too, but this is worth printing out and keeping on you:
Paging Chris Wage…
I’d swear that the law on this is on JP’s side. You can’t take a picture of a PERSON without their permission, but the external facades of buildings do not have an expectation of privacy. Right?
Lawyers? Photographers? What’s REALLY the law here?
Nevermind - chris is a mindreader…
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The law with respect to photography in general is never crystal clear, but it’s pretty well firmly established in a case like this that there’s absolutely no problem taking a picture of something that is visible from a public space.
So what about people? Do you have to ask their permission first? I can understand why it would be a good idea (if you want to avoid potentially getting the crap beat out of you), but is it illegal to snap someone’s picture while they’re walking down a public street or otherwise in public?
You don’t have to ask their permission, no. The rule of thumb is that you can take a picture of a person in any public place where they’d have no “reasonable expectation of privacy”.
The only time you need permission is if you intend to sell the picture — this is what model release forms are for..
Teensy clarification: The run-in was not with the restaurant owner (who is very cool, and just hired a MAJOR babe as bartendress!), but with the owner of the business next door to his restaurant (the name of which, I have not revealed, nor had I planned to do so; geez, it was a funny photo, ’s’all!).
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“Why you take picture!?”
Definitely a South Alabama speech pattern.
Chris Wage:
I think there is still a fair amount of leeway for using photos of people, without their permission, in an editorial situation (newspapers, etc.,.). Bearing in mind how litigious this society is I tell anyone who has a photograph of mine ( I volunteer for some local stuff) to obtain a release.
There’s one of those signs in Coolsprings Galleria. Top floor, House of Nails n’ Fumes beside Sears. I saw it this weekend and thought it was a tad odd.