What are Your Rights as a Photographer? - [Crazies]

Posted by Chubbypanda at 12/08/2007 08:41:00 PM

(Ton-Ton's Journey: Vancouver 2007 will continue on Wednesday, December 12, 2007.)



I originally had a more pleasant post planned for the weekend, but I was so infuriated after reading this article by my friend Kathy of A Passion for Food, that I had to post about it.

Kathy, who is a very sweet and classy young lady, stopped by La Delice Pastry Shop in New York City for an after-lunch dessert. When she tried to take a picture of biscotti, she was screamed at by the owner. In her words:

"I took out my point-and-shoot to grab a quick photo of the biscotti. Instantly I heard a loud voice from across the room, 'STOP TAKING PHOTOS!! HOW WOULD YOU LIKE IT IF I CAME IN YOUR HOME, INVADED YOUR PRIVACY AND TOOK PICURES???!!!' Shit, I was literally shaking. My face was bright red. And I felt like crying. The bakery was deathly quiet when I entered and all of a sudden it filled with a booming angry voice directed at me. I didn't know what to do but apologize over and over again and offer to delete the photos. The only thing I wanted to do at that instant was run out and never return. But at the same time I felt guilty. So I bought some biscotti in hopes of winning back favour of the owner...even though I didn't feel like I did anything wrong..."


I'm sorry. It's certainly the owner's right to request that photos not be taken in the shop. At the same time, there's no justification for screaming at a young woman taking a photo of a cookie. If this is how La Delice Pastry Shop treats its customers, I don't know how they stay in business.



It's easy to panic when someone starts shouting at you for taking pictures. Since a number of my readers are fellow food bloggers or amateur photographers, I thought I'd share how I handle these sorts of nasty run-ins.

Usually, when asked why I'm taking photos, I either claim to be a tourist (when not in SoCal) or explain that I write reviews for an "online food publication". If they ask for the publication, I tell them I'm not allowed to release it due to company policy. This is strictly true. When writing restaurant or shop reviews for Chubbypanda.com, I always do so anonymously and always pay full price for anything I review1. If I suspect I'm being given favorable treatment in order to influence me, I don't write the review.

I apologize for any disturbance I may have caused and ask if it's all right for me to continue. At no point do I offer to delete the photos, since they're legally mine. A majority of the time, these explanations work and I'm allowed to proceed. Some shops have been very nice and have even volunteered to remove items from their cases so I can take photos of them.

Occasionally, I'm asked to stop. If the staff is respectful, I am as well, and I still give them my patronage. Good food is good food, regardless of whether or not someone lets you snap a photo. On the other hand, if the staff is rude, I leave. I've never had anyone yell at me before, but I have dealt with serious assholes. I have no qualms about dropping some cash on the table or counter to cover whatever goods or services I've consumed and walking out.

Remember, as a customer, it’s your choice whether or not to give someone your business. In addition, photographers have rights in the US. In many cases, your rights actually trump those of the establishment. Bert P. Krages II, an attorney and amateur photographer who specializes in Intellectual Property law, has published The Photographer's Rights, a helpful online pamphlet. He has also published several books on photography, including the Legal Handbook for Photographers:The Rights and Liabilities of Making Images. If you're a food blogger or photographer, I urge you to read both the pamphlet and the book. It helps to know some of the laws regarding public photography in the States if you're going to continue in your hobby. Here are the basic guidelines I've cobbled together on photography in stores2:

  1. Restaurants and shops, while privately owned, are considered public places. The customers, staff, and owners have no legal expectation of privacy. That's what makes surveillance equipment legal in stores. As such, I, the customer, am allowed to take any photos I like unless...

  2. ... the restaurant or shop has a clearly posted sign prohibiting photography. In this case, no pictures should be taken. It there are no signs, I snap away.

  3. If asked to stop photographing by the owner/staff, I do so immediately. However, the photos themselves, regardless of content, are the property of the photographer (me). Any attempt to take my camera, compel me to delete the photos, etc., is illegal. The only things they can legally do are ask me to stop or ask me to leave.

  4. Food presentation is not subject to Intellectual Property law. As such, I don't need the permission of the chef to take, keep, or publish pictures of food. However, if asked to stop taking photos in a restaurant or shop, I must do so.

  5. The photographer retains all Intellectual Property rights over their photos, regardless of consent. This means I can publish, use, or sell my photos as I like without consent from the chef, proprietor, or any people in the photos. I'm also not obligated to compensate the chef, proprietor, or any of the people in my photos.

  6. In the event that I'm asked to leave, I do so immediately. Failure to comply makes me culpable of trespassing. I make sure I pay for any goods or services consumed. The last thing I want is to be accused of theft.

  7. As long as I'm not in the shop, I'm no longer trespassing. I can legally photograph the front of the shop and anything visible inside it. I find it best to place myself on public land (along a street, sidewalk, etc.) where I won't obstruct traffic.


It's always unpleasant when dealing with mean people. However, knowing the law and what you're entitled to do enables you to respond in the proper manner. Don't let people bully you. Know your rights.

Footnotes:

1) The only exceptions are sushi bars or bars that serve alcohol. In these two instances, sushi chefs and bartenders will often "comp" big spenders with a little something extra on the house as a thank you. For example, when eating sushi you will sometimes be gifted with an extra piece of this or that. Similarly, bartenders will often repay a generous tip with an additional beverage, free of charge. This treatment is available to all customers based on the sushi chef/bartender's discretion.

2) I am neither a lawyer or a member of the legal profession. The guidelines listed above reflect my understanding how IP law affects photography in public places for food blogging. It is not a legal opinion and should not be taken as one. I am not advocating others conduct themselves according to these guidelines, only that they do their own research and become aware of their rights as photographers.

Labels:

17 comments:

  1. Kathy said... 12/08/2007 10:32:00 PM

    Hey Chubbypanda!
    Thanks for making this post! I believe many bloggers will find it extremely informative...to think what we did not know! Hopefully incidents of this nature will never arise, but if they do - it's always good to be informed :) Enjoy your Sunday!  

  2. KirkK said... 12/09/2007 12:00:00 AM

    Hi CP - Great post...I actually have a copy of The Photographer's Rights in my car....just in case I need to provide it for ummm, "educational purposes". You need to understand that the even though the publication provides much info, it is still a "opinion", and not legal advice. No one ever has the right to intimidate, nor bully anyone......  

  3. elmomonster said... 12/09/2007 08:52:00 AM

    Wow! I completely missed Kathy's post. I gotta go back and read it. My hair's are standing up at the thought of someone yelling at our friend...it riles me!

    I guess I've been lucky with the photos. I've only been asked once to not take pictures and when I revealed I was a food reviewer, they bent over backwards to accommodate me. They apologized even.

    This is a great post.  

  4. Yuzu said... 12/10/2007 10:13:00 AM

    Thank you for posting this, Panda. It's very useful information.

    Aside from Pinkberry, I haven't seen many food establishments with signage that photography is prohibited. But I always feel like I'm invading on a restaurant owner's privacy when I want to snap a photo of the inside of a bakery, restaurant, etc. I probably will always feel that way, but at least I know that it's not wrong since it's a public place.

    Definitely saving this post for future reference. :)  

  5. Darlene said... 12/10/2007 09:20:00 PM

    Eek! What a situation. Thanks for the knowledgeable post and I'll stow away a copy of The Photographer's Rights just in case.  

  6. Chef Ben said... 12/10/2007 09:25:00 PM

    This is really becoming a dilemma as more and more food bloggers are busting out their cameras. I've always tried to be really discreet, and as my photos in dark restaurants attest, I don't use flash so sometimes my photos aren't as great. Again, I try not to disrupt the enjoyment of my fellow diners with flash. When I'm a bakery, for example, I again am very discreet and don't make a big scene. So far I've been blogging for a year and have only been told not to take pictures once, and this was at a ice cream store where the woman behind the counter was a bit loud although she wasn't mean, just really loud where it made people look in my direction. I just put my camera away and that was it, but I did feel a bit in the spotlight.

    When I read about your friend, you know what the first thing I thought? I thought: That is sooo New York. I don't think anyone in any other city would have been as blunt except in New York (or possibly Berkeley). The people there says it like it is. So I'm not surprised the guy yelled and said what he said. Still, it was a bit overboard, and I don't know what I would have done in that situation.

    Anywho, interesting post Chubbypanda. I'm waiting for the days when we can insert cameras into our eyes and it snaps each time we blink! Ha!  

  7. ChristianZ said... 12/11/2007 12:18:00 AM

    Of course I have some thoughts on the matter. The first thought is that many of these people might initially think you are competition and that you are trying to steal their secrets. If they don't think that the next thing they are likely to think is that you are going to tell everybody how bad they are. Some bloggers might be like that but, personally, I never tell people not to go to a particular restaurant. If there is a place I don't like general tactic is to not mention them (plus, I don't like to make a full evaluation of a place after only one visit). Another thought is that sometimes there is a language barrier and even if the employees might be amenable to you taking pictures it still might be hard to explain to them what you are doing. Also, there have been many times in my experience when there were some wonderful photo ops but with other customers around it would've felt rather awkward to be taking certain pictures, instances where if no other customers were around there wouldn't have been any problem.  

  8. KT said... 12/11/2007 01:05:00 AM

    Great post, thanks for the education. I think that if a shop or restaurant owner doesn't want people taking pictures, they should just put up a sign.

    Or ask nicely, at least. I would never take photos if the person didn't want me to, and I always check the situation to see if it feels appropriate, but to just start in on someone like that and humiliate them is way over the line.  

  9. tigerfish said... 12/11/2007 06:27:00 PM

    Wooo...thanks for all the little heads-up. I try to act like a tourist when I take photos. Hmmm.....I just don't like the stares at me even when nothing of "invading privacy" is put up.  

  10. Wandering Chopsticks said... 12/11/2007 08:15:00 PM

    Sheesh! I've been asked twice nicely not to take photos. So I stopped. Yelling is extremely bad business. Engenders bad feelings from you, and in turn, from other food bloggers.

    I forgot the name of the restaurant, Green something in DC?, but the blogger wrote about the incident and the restaurant ended up with much worse publicity.  

  11. Lyrical Lemongrass said... 12/12/2007 12:48:00 AM

    In addition to the points mentioned by the others above (competitors, bad reviews), the other reason could be tax evasion. :-P

    Putting that aside, looking at the quality of food blogs these days, restaurants have more to gain by allowing bloggers to take photos within their premises.

    Anyhow, your post is useful. Even if the advice is tailored for the photographer in the US, I think it'll, nevertheless, be good advice to us in the far east. Thanks!  

  12. pleasurepalate said... 12/13/2007 02:33:00 AM

    Thanks for the awesome info. In all my photo taking, I've only been asked twice not to take photos, but both times the staff was really nice about it, so I was fine about it.

    But I never really knew what my rights were so this was an extremely useful post. :)  

  13. Douglas Cress said... 12/13/2007 02:16:00 PM

    Great post! I've seen this issue pop up a million times. I will pass it along to SEVERAL people i know who've had similar experiences.  

  14. Vegasbuff said... 12/13/2007 08:32:00 PM

    The guy sounds like a tool. I would have yelled right back at him. Fortunately, I have never been asked to stop taking pictures.

    Kathy,

    Hope you don't experience anything close to that again in your life.  

  15. Unitas We Stand said... 12/17/2007 05:01:00 PM

    With my food blog, The New Diner, I've only had one issue with photos. I gave a bad review of a hot dog place and he was upset that he wrote some nasty emails and even threatened a lawsuit for taking pictures of the front of his restaurant.

    I told him go ahead. I'm still waiting to hear from him.  

  16. Chubbypanda said... 12/18/2007 10:38:00 AM

    Kathy,

    La Delice really deserves to lose some business over this. I still can't believe they yelled at you.

    Kirk,

    Good point. People should do their own research and decide how best to conduct themselves when taking pictures.

    Elmo,

    I think your experience is closer to the norm. I've only been hassled when using my XTi, which is a dSLR. When using a point-and-shoot, I'm almost never noticed.

    Yuzu,

    I feel the same way too. One of the biggest hurdles to overcome when I started food blogging was the sense of guilt and embarassment I felt whenever I took a picture.

    Darlene,

    Glad to help.

    Chef Ben,

    Camera eyes would be cool. I think it's more of a problem in larger cities with more food bloggers, or at high end restaurants that tend to get more food bloggers coming by.

    ChristianZ,

    I always feel awkward snapping photos in restaurants.

    KT,

    It's amazing how much the law allows us to do, isn't it.

    Tigerfish,

    I know one guy who wears a Hawaiian shirt when taking pictures. No one ever bothers him. =)

    WC,

    There's really no excuse to yell at a customer. I think it's a sign of an unstable personality.

    Lyrical Lemongrass,

    Exactly. Most places that hear I'm taking pictures for an article seem glad of the free publicity.

    Pleasure Palate,

    I never have a problem if they ask nicely.

    Douglas Cress,

    Glad to be of help!

    Vegasbuff,

    I think it was a woman, but point taken.

    Unitas We Stand,

    He probably found out he had no case.

    - Chubbypanda  

  17. taste tester said... 12/18/2007 02:06:00 PM

    Thanks for the advice! No one's ever said anything to me when I snap photos, but now I'll know how to respond if it happens!  

Post a Comment

Subscribe to: Post Comments (Atom)