A (Trip) through the mall
I take my video cam and walk through the mall, halfway through, security stops me, you don’t see that part, because I had to stop filming, but it’s total bullshit. In a public place, photographers and filmakers have every right to shoot. I guess in Tanforan in San Bruno, the laws of American do not apply.
The Ten Legal Commandments of Photography
I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.
II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.
III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.
IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.
V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.
VI. The following can almost always be photographed from public places, despite popular opinion:
* accident & fire scenes, criminal activities
* bridges & other infrastructure, transportation facilities (i.e. airports)
* industrial facilities, Superfund sites
* public utilities, residential & commercial buildings
* children, celebrities, law enforcement officers
* UFOs, the Loch Ness Monster, Chuck Norris
VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.
VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)
IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.
X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.
What To Do If You’re Confronted
* Be respectful and polite. Use good judgement and don’t escalate the situation.
* If the person becomes combative or difficult, think about calling the police.
* Threats, detention, and taking your camera are all grounds for legal or civil actions on your part. Be sure to get the person’s name, employer, and what legal grounds they claim for their actions.
* If you don’t want to involve the authorities, go above the person’s head to their supervisor or their company’s public relations department.
* Call your local TV and radio stations and see if they want to do a story about your civil liberties.
* Put the story on the web yourself if need be.
More Resources
* We’ve condensed these facts a great deal. We recommend downloading The Photographer’s Right and keeping a couple of copies in your camera bag if you’re shooting somewhere you might expect trouble.
* Andrew Kantor has written a good article and a PDF summary of your rights, including some of the ins-and-outs of publishing your pictures.
* The Legal Handbook for Photographers is a great resource covering all aspects of photography and the law.
* Live outside the United States? Try these links for photographer’s rights in Canada, the United Kingdom, Australia and New Zealand.
Taken from
http://photojojo.com/content/tips/legal-rights-of-photographers/
Duration : 0:2:18
They don’t have any …
They don’t have any sign. and when they asked, i stopped, I don’t do much film in malls anymore, not many interesting people.
If the Mall has …
If the Mall has signs saying NO Photography or Videotaping, or asks you to stop, you must comply or leave. Period.
This is what I …
This is what I wanted to post when I read your description. Sorry mate, You’re wrong.
wow, u got it all …
wow, u got it all wrong. a mall is private property, so you have no rights to film. just look at their conduct policy. u my friend, are a misinformed american
oh you know why …
oh you know why because like people have their own privacy so you must have a license to film something in public I AM JUST THINKING
I KNOW WHO ARE YOU …
I KNOW WHO ARE YOU AS WELL!
I know your cousin, and I don’t like her. She’s a cum-twat.
HAHA I THINK I KNOW …
HAHA I THINK I KNOW WHO YOU ARE… you might know me by my name obvisously but tell me, are you the same person who got kick out of the hot dog place asking for water… with your cousin there or is this just a video about a mall that i live by and is a coquincedence?
heres my opion on …
heres my opion on all this.
if ur outside of 1 of the stores & not disturbing anyone, i think u should be more than welcomed to make a video. & the mall security are 1. too lame 2 be a real cop fightin crime on the streets rather in a jc penny. 2. they clearly have a stick far up their when they tell people they can’t film, or when they tell me and my friends 2 keep moving when we are calmly near a wall.
& if u feel the need to keep that fight going, ur just as stupid as the mall cops
I’m going to say …
I’m going to say this one last time, and this will be my last words on it. A lot of people who claim to be photographers (as I do) don’t seem to get it.
A mall, while open to the public may have any rules the owners see fit. It is no different than a diner, a bar, or even a home. If you are on someone else’s property, they have the right to ask you to stop, or have you leave the premises. Public property is different. Malls are public, but not public property.
The Ten Legal …
The Ten Legal Commandments of Photography
I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.
ok that is a valid …
ok that is a valid point of view.
PWNED. …
PWNED. Figgenhoffer is just another stupid hipster kid…
Wrong. 99.99% of …
Wrong. 99.99% of malls are privately owned business just the same as the stores that rent space inside. Just because you are allowed inside doesn’t mean its public property. Maybe you should look it up, and think a bit.
yes mr mongoose, in …
yes mr mongoose, in the store, you are correct, but not in the mall itself, which in itself is not a store. the mall is not a store, as it is not selling anything. use your brain. think a little.
It is private …
It is private property, not public. Stores, unless owned and operated by the government, are not public in the least. The security have permission, you do not. Its really simple.
The commandments of STREET photography are just that, STREET. In the street, and on the sidewalk, you may do as you please. Believe me, I’ve had my fair share of harassment, and I’ve been kicked out of more places than I care to remember, but at least I know when I’m breaking rules.
Yeah……So you …
Yeah……So you didn’t have the balls to exercise your “human rights” while the security guards told you to turn your camera off.
My fight is not …
My fight is not with security guards who make minimum wage enforcing stupid rules but with their bosses, i had no beef with them so I respectfully obliged their request. It is the owner’s who are the fascist bullyboys not the hirelings.
But they can, and …
But they can, and they have. Too bad you didn’t have the balls to keep filming while the security guards were telling you to stop.
As if I’m scared of …
As if I’m scared of some hipster punk.
Bring it, bitch.
they are also …
they are also within their legal rights to constantly film everybody with security cameras placed all over the mall. i find it ironic that they can film whatever they please in a public space and at the same time forbid others to do likewise.
True, but being …
True, but being private property, the tenants of the mall, mall managment and mall security all are in their legal rights to tell you to not film or take photography.
The Ten Legal …
The Ten Legal Commandments of Photography
I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.
Actually, Mall …
Actually, Mall properties are considered private property, not a public place. Just because it’s open to the public, does not mean it is public property.
watch your back in …
watch your back in the real world.
it wasn’t a major …
it wasn’t a major motion picture, it was a youtube video