Legality of Photographing a Storefront Display

[PhotoAl]

Last evening I was shooting photos with a Kansas City Photography Meet-Up group. We were shooting Christmas Lights on the Country Club Plaza in Kansas City Missouri. As I was walking around the Plaza I saw a store front display that really caught my eye. After I had taken about 3 shots, the shop keeper (owner?) came outside and said that they do not allow their displays to be photographed. So I apologized and moved on but I began wondering about the legality of me shooting that display. It seems to me that they create a display to entice the public to come in to shop, can they really stop photographers from taking photographs? I was just wondering about the legal aspects. Can I shoot displays like this or not? Appreciate any thoughts or feedback.

[ohenry]

If you're on public property, the shop owner can say that they (the shop) don't allow photographs of their displays all they want, but they wouldn't have a legal leg to stand on. Now, if you're on private property (i.e. inside a mall), then it's another matter.

[Jerkeejoe]

As mentioned above, they can't stop you from taking photos if you're in a public place, however, they can forbid you from photographing inside.

An additional thing to think about is simply respecting the vendor's request despite the legality. Creating a negative image of photographers is something I try to avoid when possible even if I'm in the right.

[PhotoAl]

Originally Posted by ohenry

If you're on public property, the shop owner can say that they (the shop) don't allow photographs of their displays all they want, but they wouldn't have a legal leg to stand on. Now, if you're on private property (i.e. inside a mall), then it's another matter.

Thanks, that's kind of what I figured too. Unless there's some local ordinance that I'm not aware of I thought I'd be able to shoot whatever is put on public display. I didn't want to make a scene so I just moved on. Maybe next time I'll take a longer lens and shoot from farther away.

[PhotoAl]

Originally Posted by Jerkeejoe

As mentioned above, they can't stop you from taking photos if you're in a public place, however, they can forbid you from photographing inside.

An additional thing to think about is simply respecting the vendor's request despite the legality. Creating a negative image of photographers is something I try to avoid when possible even if I'm in the right.

I certainly agree with you about not wanting to create a negative image of photographers, and that is why I apologized and moved on, but it just caught me as odd they would have this eye catching display but would not want it to be photographed. I wonder if they would have said anything if I had been using my little point and shoot camera? Thanks for the response.

[korman]

Originally Posted by PhotoAl

[...] but it just caught me as odd they would have this eye catching display but would not want it to be photographed.

Perhaps he's interested in attracting customers with the display and not provide ideas to potential competitors. It's a bit silly, but that's how some people work.

Korman

[ohenry]

That's true...just because you have a legal right to do something doesn't always make it the wisest choice. Good will, good manners, respecting others --- all worthwhile attributes.

[Mike_PEAT]

Originally Posted by ohenry

Now, if you're on private property (i.e. inside a mall), then it's another matter.

Or even a strip mall since the sidewalks and parking lot are their property.

[KmH]

http://www.krages.com/ThePhotographersRight.pdf

"the shop keeper (owner?) came outside and said that they do not allow their displays to be photographed."

The shop owner(?) has no right, none, to prohibit photography of their window display but the photographer absolutely has a right to make images of that public display.

"An additional thing to think about is simply respecting the vendor's request despite the legality. Creating a negative image of photographers is something I try to avoid when possible even if I'm in the right."

Define "negative image"!

How about creating the image that photographers know their rights, stand up for them and won't just roll over for some shop owner(?) who has exceeded his authority.

According to the OP it wasn't a request, it was more like an order, not, "we'd really appreciate it if you wouldn't photograph our display."

I sure don't think less of all shop owners just because that one was a misguided ***.

Consider also, legal rights that are not exercised, get lost.

I went through this kind of crap before, back in the late 60's and early 70's and it saddens me greatly to see many people today more concerned about PC than standing up for their rights.


Always.........Question authority.

[ohenry]

Originally Posted by Mike_PEAT

Or even a strip mall since the sidewalks and parking lot are their property.

Very true...not all cases, but most