Archived posting to the Leica Users Group, 2004/08/25

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Subject: [Leica] OK to take pictures of the inside of a store, from a public street, through an open door??
From: dorysrus at mindspring.com (Don Dory)
Date: Wed Aug 25 18:55:32 2004

This is a complicated question.  If you are positioned on public
property such as a road ROW or even your own property then you have a
large degree of freedom.  Areas that would cause difficulty are invading
the privacy of individuals who could logically claim that they had
implied privacy.  An example would be shooting in the window of a
changing room.  It is possible that an individual could also claim
privacy rights just by being inside a store or restaurant.  A good
lawyer could claim that someone sitting in a restaurant could assume
some degree of privacy from the street.

Areas to definitely be careful of are placing your self on private
property that is not yours.  Frequently in commercial areas the
commercial property owner owns the property to the street and sometimes
into a turn lane that leads into the property.  There is an easement to
allow the free passage of people and/or vehicles, but the property owner
still maintains the right to control most other activities on his/her
property.

In almost all cases you would be advised to ask and receive permission
to shoot on private property as most people will agree if you present
yourself openly and your reasons are logical and not detrimental to the
owner.  Exceptions would be journalistic in nature and even then you can
be thrown off the property and or arrested if warned.

In some localities, the local law maintains that shopping malls for
example are semi-public areas and therefore taking pictures is legal.
What you have to understand is that if the security folks claim that
some citizen (young and female no doubt) felt harassed by your images
you could well find your equipment confiscated for an unknown period of
time while your images are examined.  If in fact there are images of the
complainer on film or contained within the memory card then you should
find some very good legal council or be able to write a fairly large
check.

I hope this helps explain a very complicated area.

Don
dorysrus@mindspring.com

-----Original Message-----
From: lug-bounces+dorysrus=mindspring.com@leica-users.org
[mailto:lug-bounces+dorysrus=mindspring.com@leica-users.org] On Behalf
Of Martin Krieger
Sent: Wednesday, August 25, 2004 4:18 PM
To: lug@leica-users.org
Subject: [Leica] OK to take pictures of the inside of a store, from a
public street, through an open door??

What are the legalities of taking pictures of the insides of a retail
store,
when you are standing on the public street and looking in through an
open
door (ordinary or wide angle lens, no telephoto)?  My reading of the
photojournalist advice lists is that it is ok in general, without
permission. Is this correct?

Martin Krieger
krieger@usc.edu

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In reply to: Message from krieger at usc.edu (Martin Krieger) ([Leica] OK to take pictures of the inside of a store, from a public street, through an open door??)