The Roving Viking Loc: Creston, British Columbia

I was shooting a wonderful sculpture in front of a large mall where I was approached by security and quite firmly informed that this was private property and asked if I had permission to shoot. Any images would only be good for my own private collection. It's unfortunate, but in this day of litigation for any excuse, it's usually best to err on the side of caution.

rpavich Loc: West Virginia

Depending on the situation, (sidewalk?) that guard could spout off all he wanted, but you have the right to be there...just like he has the right to do what he wants there...that's the great thing about our country (such as it is)

People may not LIKE it...but we have the freedom to make images under certain guidelines.

jerryc41 Loc: Catskill Mts of NY

Yes, a mall is priovate property, so they make the rules. I wonder what he does about the hundreds of kids with cell phones who take pictures in his mall.

rpavich Loc: West Virginia

Technically, the mall is public....though they CAN tell you what to do....it's considered a public place (that might not be the right word)

jerryc41 Loc: Catskill Mts of NY

That issue came up at our local mall - public or private. They built it, they own it, they make the rules. People have been escorted out because of T-shirts they were wearing.

SharpShooter Loc: NorCal

In this case the guard is overwhelmed and just sticks his head further into the sand. He has power over little old ladies with cameras(used here only as a cliche).

Arpovich is correct.
But don't get confused with that "can you see his face thing". That is worthless as the identifier. It can be a tattoo, a piece of jewelry, clothing, a hair style or any other trademarked items. The list goes on and on.

There are times when people, almost anyone, allows themselves to be shot. County fairs, the beach, celebrations, almost any kind of legal happening. The opportunities are endless
It's not so hard to gain trust, then shoot freely. Why waste time shooting someone's kid, just to have that helicopter parent fly off the handle(albeit ignorantly ).
Diane Arbus, one of the most famous informal portraitist, did so by gaining trust first. She probably never got a release.

rpavich Loc: West Virginia

Like I said....I understood that...but just to be clear:

Keeping it simple

The law in the United States of America is pretty simple. You are allowed to photograph anything with the following exceptions:

• Certain military installations or operations.

• People who have a reasonable expectation of privacy. That is, people who are some place that's not easily visible to the general public, e.g., if you shoot through someone's window with a telephoto lens.

That's it.

You can shoot pictures of children; your rights don't change because of their age or where they are, as long as they're visible from a place that's open to the public. (So no sneaking into schools or climbing fences.)

Video taping has some more gray areas because of copyright issues, but in general the same rules apply. If anyone can see it, you can shoot it.

And yes, you can shoot on private property if it's open to the public. That includes malls, retails stores, Starbucks, banks, and office-building lobbies. If you're asked to stop and refuse, you run the risk of being charged with trespassing, but your pictures are yours. No one can legally take your camera or your memory card without a court order.

You can also shoot in subways and at airports. Check your local laws about the subway, but in New York, Washington, and San Francisco it's perfectly legal. Airport security is regulated by the Transportation Security Administration, and it's quite clear: Photography is A-OK at any commercial airport in the U.S. as long as you're in an area open to the public.

Don't let anyone tell you otherwise.

Regbaron Loc: Melbourne Australia

There was a story from the UK,where a police officer amazingly forced a photographer to delete pictures he had taken of a celebrity turning on the Christmas lights at a public gathering.
He received a written apology and i believe a video recording of the ceremony by the head of police.

Shutter Bugger

+1

rpavich Loc: West Virginia

When you go to a sporting event (baseball game, nascar etc) and you take a shot that includes some of the crowd...do you get releases for all the faces of minors that are recognizable?

Of course not...nobody does.

Bret Loc: Dayton Ohio

Its not the taking of the photo...its what you intend to do with it...market...sales...and so on that can get a photographer into some trouble. If you look on the back side of your ticket..most likely will be a statement like.."buy purchasing this ticket you consent to the possibility your image or likeness may be broadcast"..."All rights reserved"..something like that.

rpavich Loc: West Virginia

So let me put it in another context.

You take a shot on the street..and in the crowd are several minors walking across the cross walk....do you chase them down to get them to sign a release?

Of course not...why? It's the same issue as previously mentioned....you have a picture with a recognizable face of a minor. (several in this case)

The fact is...it's not against the law to photograph a person in a public place no matter what their age.

Might someone get upset?

Sure...but that's not the same thing as being able to punish you for it in court.

That's the basis for our right of free speech here in the US...the idea that just because someone doesn't like what you have to say doesn't give them the right to stop you from doing it.

Bret Loc: Dayton Ohio

Oh your absolutely correct. You have the (written or letter of the law) like you said...and then you have (intent of the law)...that's when the attorneys and everybody starts in on you. Sure the court wont punish you...now an angry parent?...a nascar/budwiser law team?...I guess these times we live in and era of court craziness....after all...they have the same right to "try" to stop you from doing it is all I'm saying.

rpavich Loc: West Virginia

But the letter and intent are not at odds...lol..


Sure, the fact is anyone can sue anyone for anything any time that they want.

But that's not a good reason to cower in our homes and not take images that MIGHT include minors just because someone MIGHT get offended.

Truthfully, show of hands...how many people have ever been sued here because there was a recognizable face in their shot that was a minor?

We are talking about something that is so remote it's not worth talking about.

Bret Loc: Dayton Ohio

Iv'e never been sued...now harassed for public photography?...a few times...this past november I got kicked out of a mall parking lot at 6:30 am for taking photos of some christmas tree lights..."with out permission"...bye a security cop on a dang bike.