 Gina M. Savage |
Photography Laws Is it legal to take photos in a retail store of merchandise? I was in Cracker Barrel's gift shop and saw a unique glass flower. I got my camera out and took a picture and the manager, who was very rude and loud, demanded that I put my camera away and stated that I was in a retail store. No signs were posted about picture taking. It is a restaurant. Does he have the right to tell me that or was I in the wrong?
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- Carolyn M. Fletcher  Contact Carolyn M. Fletcher Carolyn M. Fletcher's Gallery |
I suspect you need permission..I shot some kids toys in WalMart, and security was all over me in no time flat! I guess they think you're trying to find something you could use to sue them, like a banana peel on the floor or something that could fall on you from a high place, that sort of thing is where they are coming from, I think.
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Mark Feldstein |
Hi kids ! Interesting question. In all my years at BP, I can't recall seeing that one. There are a lot of reasons why stores are "territorial" about photos. First, it can be distracting to others and inhibit traffic flow, I guess. More importantly, the displays and merchandising techniques used by their suppliers/vendors may be right-protected as are logos, etc. They don't understand why you're shooting and probably think it's for commercial use or spying. Whether it's because they're worried about lawsuits is probably "iffy". After a suit is filed, the plaintiff gets a subpoena to enter the property, examine and photograph it as it is on that day it's inspected. Recreating the dangerous condition is likely out of line. Insofar as I know, there is no law prohibiting photographs per se in a store. BUT it's considered (in most instances, private property. For that reason, among others, they can allow or disallow whatever they want to on their own property or property they're renting/leasing. They may also be enforcing the terms of their lease of their rental agreement. To persist at shooting there might buy you a citation for trespassing. Now, if you happen to be in a store on public land, for example the Cooper/Molera family store operated by Calif. State Parks in Monterey or the the gift shop at Yosemite and want to photograph something there. Ask permission from a manager, explain why you want to shoot, don't ask them to sign any releases unless you've got some really good reasons, and see what they say. Remember, sometimes those stores are on public land but privately operated/owned. Take it light ;>)
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Debra Booth |
So glad I got to see your last post here. Good luck, and thanks for all your helpful input on the forum. See you!
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- Carolyn M. Fletcher Contact Carolyn M. Fletcher Carolyn M. Fletcher's Gallery |
Thanks Mark! Talk to ya soon!
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Gina M. Savage |
Wise feedback...thank you. I was a paying customer (had just ate dinner there) and was surprised at the scene the manager created. If it had been a smaller camera or cell phone he probably would not have said anything.
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Mark Feldstein |
Once I was shooting mom's day ads for a shopping center here. It was on a Saturday, the mall ad mgr had typically waited til the last minute to get it done and had no idea of what to shoot or where. So, as we treked through the mall, she suddenly decided to shoot in Macy's cosmetic section. Well, that was a great idea until the Macy's cosmetic manager saw the lights, the stands, models getting make-up and ran to get her store manager who got security. ROFLOL !!! It was like a Keystone cops movie. The manager yelled at the advertising person, told her we couldn't shoot, the cops were yelling at the models, my assisstant was trying to get a few shots off of the scene. It was total pandamonium, all because the ad person never called the Macy's manager to tell them what were doing or why.
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Stanley Joel Schretter |
"If it looks like a professional camera, then you must/may be a professional? That is the guidelines give to us volunteers at a performance theatre. In stores,restaurants, malls, etc, I use my P&S with all lights, flash turned off as much as possible. -- "Out of sight, out of mind" seems to work and not scare the natives.
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