Did these people (presumably strangers to you) who were casually going about their business of shopping in that store give you permission (i.e., sign a "model release") to take one or more photographs of them and were they made aware that the photo(s) would wind up on at least one very public internet site? And for that matter, does the store itself have a policy regarding people taking photos in it?
Is there a specific law you’re thinking of here you can point me to? Most US states are pretty permissive, especially with non-commercial use. I occasionally photograph people on the street, in bars, and other public places, as do a fair number of people on this and many, many other forums. It’s a whole genre of photography 🙂 . If I were to do a full-on portrait where it’s obvious, I’d be polite and ask. I also wouldn’t think a big box store is going to care too much, since people photograph stuff in them all the time (product images to send to their spouse or partner to make sure they’re getting the right thing, for example).
I believe that it is legal in any state to take pictures in any public area, including property that is open to the public (like a store) unless there is a posted restriction on photography on the premises.
Unless the store has posted signs or rules against it, you can take pictures in a retail store. If an employee of the store asks you not to take photos, then you have to stop. Just like in a public setting, there are no laws against taking photos, even if there are people in it. If you are taking a picture with a person being the express subject of the photo, you may want to ask them if they mind, but in a public area, there are no laws requiring you do so.
There is a difference between shooting a photo of someone walking or doing something on a public street/sidewalk and shooting a picture of a stranger in a privately-owned facility (and, yes, although it is open to the public, per se, a store is still private property owned and/or rented by someone). So are shopping malls, theaters. bars, etc.
I would hope that anyone would have the common courtesy to ask a stranger if it is OK to take their photograph, giving them the option to respond either yes or no and/or to simply move out of camera range. If someone is dressed up in a clown suit or modeling new fashion, then there would be greater likelihood that they wouldn't object to their photo being taken and might even expect it to be. If a customer is simply minding their own business and busy doing their shopping that is a different situation and the person probably would not appreciate a stranger standing there taking their photo, regardless of what the actual subject matter is intended to be.
Yep, depends upon who owns the property upon which the building is situated. I think it is usually large corporate campuses, schools, universities and federal property where the exterior grounds may also be privately owned, not just the building(s).
No need to ask permission of those men because they were actually working on the grounds of our condominium complex. I am one of the many owners of these buildings and common grounds areas. That was (partly) my tree they were cutting down! 🙂
It seems you wish to make this an ethics discussion, not a legal discussion (as an aside, I'll note that despite you wanting everyone to follow the "rules" of the POTD thread, which aren't actually rules but merely guidelines, you've gone off tangent within the thread once again - this is really a discussion that should be moved to its own street photography thread).
Wait, so you think people should ask every subject in a public setting before taking their photo -- but that it wouldn't apply if you have some kind of partial ownership of the property? Why wouldn't those workers have any less right to privacy than the store shopper?
Yes, Deep Diver, I agree that this IS indeed a legal as well as an ethical matter. Also let's throw in a little common sense and courtesy as well, regarding people who are merely in the situation of shopping in a store, riding the escalator in a mall, eating in a restaurant, relaxing in a bar, simply doing their own thing.... It really is quite intrusive of someone who either openly or stealthily shoots photos of other people without their consent and often without their knowledge. To add insult to injury, then the image(s) might be posted on a very public website. Maybe ask first, then shoot? Give the person the opportunity to say "yes" or "no" and/or if they're right smack in the middle of the area that is really the subject, the chance to say, "oh, excuse me, let me move out of the way!" What makes anyone so special that he or she feels they have the "right" to pull out a camera and take a stranger's photograph?
That last sentence is indeed one aspect of this whole situation which has been something on my mind, too.....right now things seem to be pretty volatile in many areas of the US, and frankly, it seems rather foolhardy in many environments, even those which seem innocuous, to pull out a camera and start shooting photos of strangers.... One or more of those strangers may indeed have a violent objection and respond by pulling something of his or her own out which, unlike a camera, could be a deadly weapon.....
It's a "right" (legally) granted equally to everyone, so nothing about making "anyone so special".
Again, people use judgement about what would be reasonable. If someone seems willing to attack you while on video, probably best to film it for your own safety (most people won't openly commit crimes directly on camera). In any case, they have no right to attack anyone but you do have the right to photograph and record video.
