Is it illegal to take photos in a public place?

Status
Not open for further replies.
P

Phoenix_III

Member
Joined
Nov 6, 2004
Messages
157
Location
PA and NJ
My significant other needs to take pictures of the Foyer (outside mostly) area of a mall (King of Prussia mall for those in the NorthEast Tri-State area). Last time, as she was finishing up, she said she was asked to leave.

My question is, legally, who has the right to ask her to leave? Mall security? Would it have to be the owners? She must be on the property to take the pictures. It is a design project where she will develop a kiosk that will be placed there, and will Photoshop it in place when done.


Any ideas/thoughts welcome. (I will be with her when we go this weekend to do the same thing again).

p3
 
Check out your state laws for more info

There is no law that prohibits an individual from photographing while standing on public property. If however, you are on private property(government, corporation, private citizen etc..) then you are limited to their say so. If the mall is giving you trouble, go speak with the president and explain to him/her what you are doing. More than likely they will have no problem with it and actually offer you any assistance you may need. Free publicity etc.. There are some laws however that vary from state to state. In some states, it is illegal to photograph a person using a lense with a greater than a 30x zoom etc.. These laws were enacted to try to prevent the press from taking photos of celebs and such.
If the pics are really important, and the president of the mall says no, you can contact your local DA and see what they have to say. After all, you do pay their salary. If you are in the right, usually a quick phone call from the DA will straighten out the problem. Good luck
 
Your wife should contact the Mall management team or service and ask permission. Technically the mall thought puplic to customers is a privately owned by some holding company, etc. Thus the Mall security could rightfully ask her to leave or if that really want to have her excorted or even arrested.
If its for a business and she intruduces herself to the mangement staff at the mall I bet she will be fine.

Just my two cents

Be safe. :cool:
 
Having in the past worked in a similar profession, I cannot imagine someone working on a legitimate design project going to a property to take pictures, measurements, or anything else of a similar nature without calling ahead to arrange permission. A shopping mall is not a "public place" -- it is private property that is open to the public. There is a difference.

Your SO was wrong in taking the camera to the property without first arranging photo clearance.
 
Hawk stole my thunder. Nowadays you'd scare the crap out of folks. Call ahead; they have a responsibility to ensure the safety of their patrons. The other concern, in my nsho, is preventing pervs from harrassing people. You'd be amazed how many freaks use to mall to collect phots of females unawares and often in compromising positions.
 
Something like a year ago a dood of middle eastern extraction was taking pictures via camcorder of the tall building in uptown (sic) Charlotte. A police ossifer hailed him and he promptly hoofed outta there at a high rate of speed. He was pulled over and arrested. HomelandSecurityFBIINSetc got involved and he was eventually absolved of doing anything evil WRT to the camcorder but he was busted and deported for immigration violations.

Take the time to ask permission.
 
I'm a property appraiser and I have to take a pic of three comparable houses for each house I appraise. I normally just pull my car over to the curb snap the pic and drive on............however, the mortage company does not want any people in the pic, when there are people in front of the house that I need a pic of, I get out of my car, tell them who I am, explain why I need a pic of the front of their house and offer to show them my license and ID..........never a problem so far.
 
Got thrown out of a mall once for filming inside for a school project. So yeah, they can. But that wasn't public property, and we didn't ask permission.

For that project we were also filming a large chemical company. This was post-2001, we were stupid high schoolers. Can't imagine what would have happened if we were caught.
 
I worked loss prevention at a store years ago. Anytime someone took pics inside, we ran them off. It was against store policy.

There are a few reasons (not saying I agree with them, but this is the store's reasonings). If someone had an accident at a place, they routinely go take pictures of the scene. Well, the company doesn't like that. They want to make it as hard to be sued as possible.

And two, quite often the competition comes in and takes pictures of displays or fixtures or something similiar. Stores don't want that either.
 
Legally speaking you can be asked to leave. But once you have the pics . . . who cares?
 
In Pennsylvania you can take all the pictures you want from public property. If you publish them you need permission of anyone clearly identifiable in the picture. The KofP Mall is private property and if you are on their property they can prohibit you from taking pictures.

Like many have said, ask management for permission. I'm pretty sure you'll get it.
 
It is a design project where she will develop a kiosk that will be placed there, and will Photoshop it in place when done.
Click to expand...

That sounds like a legitimate business need that building management would authorize.

Sometimes it is easier to beg for forgiveness later,
sometimes the mall ninjas swarm you.
 
As a contractor i am regularly asked to go to a building or a store etc and look at an item and "build one just like that " desks, furniture, store fixtures etc. I am usually a little reticent to "steal" someones design but often I will make a knock off or tweak a design a bit depending on circumstances. If it is old and perhaps a public domain item, I will go take some pics sometimes even measure it discreetly. If is outdoors I will just snap a couple of pics and maybe measure it real quick. if it is indoors, I go ask the help and tell them, "hey I like that, I have a customer who wants me to build one for them, can I take a picture? two or three pics later I am out of there. only a couple of times I have been turned down. Now with photo cell phones, i have taken a couple lately so fast I really have not bothered with permission.
I also get asked to remodel exteriors and there I take detailed pictures,
but i usually have a business card of the person who has contacted me and then when or if mall ninja security asks what i am doing, I just hand over my card and the card of my contact and say call them. never fails'
 
Easiest to ask management for permission..especially if you are going to be conducting business on their property..otherwise most malls do not allow photography on their property..especially if looking somewhat professional or business like..

In Pennsylvania you can take all the pictures you want from public property. If you publish them you need permission of anyone clearly identifiable in the picture. The KofP Mall is private property and if you are on their property they can prohibit you from taking pictures

if published for editorial purposes (newspaper, magazine, etc ) you do not need permission in a public space..if publishing for advertising purposes you will need a model release..
 
Context confusion

The original thread title asks if it is illegal to take photographs in a public place. Then when you read the description, the query isn't at all about photography being legal or not in a public place, but who has the right to ask a photographer to leave.

Why do folks entitle a thread with a title that is completely misleading and contextually not relevant to the real query/goal of the thread?
 
Why do folks entitle a thread with a title that is completely misleading and contextually not relevant to the real query/goal of the thread?
Click to expand...

I think its a test to see wether or not posters are actually bothering to read the body of the post before they reply, some don't.

I suspect that this project designing the foyer for the mall and photoshoping it into place is actually a school project and not some work that is actually being done for the mall. The easiest way to sneak a photo like this is to look like a tourist rather than a photographer/serious person.

And to answere the actual question, yes mall security can ask you to leave, and if you don't your trespassing, which is an actual crime that you can be arrested for. Of course its legal to take pictures even on private property, but it is also legal for the owner, or their selected representatives, to ask you to leave for virtually any reason* up to and including the perfectly legal pursuit of photography.

*so long as it doesnt meet the legally defined criteria of unlawful discrimination
 
DN Spy, c_yeager has it covered (regarding your question). Also, some one who would know the answer to the broader/easier question may make logical conjecture as to the answer of the underlying question, or at least reply with a place to look.

At least the title is remotely on target, unlike
"Guns Banned in the US starting tomorrow"

with the body of
"Now that I have your attention which is better, 9mm +P+ or .45FMJ"

:neener:

Thank you all for the tactics and information.
 
Of course its legal to take pictures even on private property, but it is also legal for the owner, or their selected representatives, to ask you to leave for virtually any reason* up to and including the perfectly legal pursuit of photography.
Click to expand...
I do believe you are incorrect on this.

The following is from the link posted:
The General Rule
The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets,
sidewalks, and public parks.

Property owners may legally prohibit photography on their premises but have no right to prohibit others from photographing their property from other locations.
Click to expand...
 
Hawk stole my thunder. Nowadays you'd scare the crap out of folks. Call ahead; they have a responsibility to ensure the safety of their patrons. The other concern, in my nsho, is preventing pervs from harrassing people. You'd be amazed how many freaks use to mall to collect phots of females unawares and often in compromising positions.
Click to expand...

Why should "folks" be scared when they see someone taking pictures? A woman taking pictures around and outside a mall will scare people? You mean in the "terrorized" sense, scared?? I'd say that in such a case, it's the scaree who is overreacting, not the scarer doing anything wrong.

How exactly is the mall "ensuring the safety of its patrons" by booting a person for taking those scaaary pictures? The mall can do nothing, absolutely nothing, about an aircraft passing overhead taking aerial photos. Now, if the person on the ground were "casing" the mall for a bombing, let's say, what about the same thing being done from an airplane? I just don't see how a mall has a responsibility to protect its patrons from the actions of the kind of people who would surveil and sabotage such a venue. Is the mall remiss if it does not post guard towers, and concrete bunker walls around the premises? Using "the mall has to protect its patrons" as an excuse to ban photography on the grounds of the mall is silly.

And if someone is harassing others -- taking pictures or not -- there are laws that cover that behavior just fine as it is. There is no need to ban plain old photography, when laws against harassment while photographing can be used.

Does anyone else see anything wrong with the fact that malls forbid patrons from taking photographs inside, BUT, malls themselves NEVER FAIL TO PHOTOGRAPH YOU THE ENTIRE TIME YOU ARE ON THEIR PREMISES?!

Got a little hypocrisy going on there? You betcha.

Besides, if "no photography" is the mall's rule, they ought to post it in a place you can see the sign as soon as you are entering the mall's property.


-Jeffrey
 
Komrade,

Why do you need to take piktures of publik places? There is an extensive library of piktures of these places maintained by the State. If you come with me, I can take you there and you can look at all the piktures of publik places you want. May I see your papers while we are talking? And let me quickly scan your Bar Code Tattoo please, komrade.

Oh, you don't actually have any film in that Kamera, do you?
 
I'm a professional photographer, and I often take photos on private property on spur of the moment with models. I've been asked to leave, and we did. They cannot force you to delete any photographs, or take your film/memory card. If you have been previously asked to leave, you are trespassing and are subject to arrest. I've found that if you are polite and professional, most case you will be allowed to photograph whatever you please. I know my rights, but I'm not going to be self-righteous about it.

Now, as for a mall, if the shot you want is visible form public property, there is zero they can do about it. I would most probably just go in with my camera cased, take the shot quickly and move on. Failing that, ask the mall ownership for permission, as it looks like it would make them money, and who doens't like that?!
 
Hawk, how is my post at odds with what you posted? Like I said you can take photos on private property untill they ask you to leave, how is that in dissagreement?
 
Status
Not open for further replies.

Similar threads

H
  • Locked
Eminent Domain gearing up in Texas......
Replies
2
Views
370
longeyes
L
C
  • Locked
2nd is Wrong Class
2 3 4 5
Replies
114
Views
5K
Gordon Fink
G
M
  • Locked
And now, from the absolute BS column...
Replies
5
Views
610
HankB
H
D
  • Locked
New London residents are not giving up the fight to save their homes
Replies
12
Views
1K
Flyboy
F
K
  • Locked
Community Suggests Gun Possession Is Illegal For Residents
Replies
8
Views
526
Coronach
C
Back
Top