Here's the take on photography in public (meaning government owned) spaces
(paraphrased below) from my girl-friend, regarding US law, who cautions:
"I made an "A" in law school on this, but it's not something I was involved
in during my law practice."
Here's what she said, in brief:
1. If you are on PUBLIC property (city/county/state
street/thoroughfare/whatever), a doorman or bouncer cannot legally prevent
you from taking a picture of a building. However, that may be a right you
have to pursue after having been physically beaten if you refuse to comply.
:-( (In other words, be careful out there)
2. While you may be within your rights to photograph the building, you MAY
NOT have a right to publish it anywhere for profit, and perhaps not exhibit
it anywhere even if not for profit. Owners of "commercial" buildings would
have a lower "legal" expectation of privacy (for example, buildings where
the primary purpose is for them to entice you in for commercial purpose)
than those of "private" buildings, such as a home/residence. You may run up
against further problems regarding images that include trademarks...
3. If you are in a public space and the image is primarily of an individual,
then your ability to publish/exhibit depends highly on the individual
involved. Celebrities and politicians have a "lower (legal) expectation of
privacy" while in public spaces than private citizens. When in doubt,
attempt to obtain a model release.
So basically (my commentary here, not hers), you can make just about any
image you want from a public space as long as the image isn't to be
published for profit or exhibited. However, in run-ins with bouncers or
doormen, you should act prudently to protect yourself and your equipment,
unless you're willing to attempt redress at a later time in court.
And, like any attorney, she says, "Talk to an attorney specializing in this
area of the law."
---
Scott Gomez
-----Original Message-----
From: Robert R. Gries [mailto:rgg@xxxxxxxxxxx]
Subject: RE: [OM] The Mall revisited!! (LONG RAMBLE)
Sadly I run into this quite a lot in Chicago. I am still not sure
whether their claim is valid, but as you say, at least you got one shot
in before the baboon ruined it for you!
<snip>
My understanding is that I was in a public place and because this was
not
for any commercial gain, that I had every right to photograph the
outside of
the building.
Any comments/feedback are welcome.
Cheers Adam
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