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Thread: Hassled for taking pictures in the mall

  1. #1

    Hassled for taking pictures in the mall



    Yesterday, I was taking some pictures of my wife and two boys in our local mall. Afterwards, I turned around and took some wide-angle shots of the mall interior itself. I'm huge on historical photography. I'll take pictures of seemingly nothing, just because I know that in 20-30 years, they will be retro.


    At any rate, the mall security guard came over and started hassling me about taking pictures, saying it was against mall policy, that it's a security risk, and that the tenants get upset about it. He asked me to delete the pictures. Being that my wife and mother-in-law were with me, I didn't want to cause too much of a stink, so I deleted the wide-angle shots, but refused to delete the ones of my wife and children, which he was OK with.


    What were my rights, and has anyone else encountered this? I am sensitive to not just taking a picture of random people when they walk by...I tried to do it when there was nobody in front of me. I really was just interested in the interior of the mall. I'm sure a mall qualifies as private property, but to me, I should not have had to delete any of my pictures, and if I would have been alone, I would have resisted to the nth degree.

  2. #2
    Senior Member neuroanatomist's Avatar
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    Re: Hassled for taking pictures in the mall



    See this:http://www.krages.com/phoright.htm


    Basically, you're correct in that a shopping mall is private property, and it's within their right to prohibit photography on their premises. Not sure about the demand to delete the images. They could not have confiscated your film, I believe - no idea how that applies to digital.

  3. #3
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    Re: Hassled for taking pictures in the mall



    That is a pity.


    The same thing actually happened to me yesterday! I was walking out on a pier to get some shots of a breeding Brown Pelican, when a man in a suit in a hotel across the street yelled at me and claimed it was "private property". I just didn't need a fight (plus there were other pelicans) so I did leave. He didn't ask me to delete my images though (I wouldn't have anyway [6]).


    brendan

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    Re: Hassled for taking pictures in the mall



    Sometimes it's better to keep the peace and delete the files, then restore them when you get home [6]


    It's relatively easy to restore deleted files on flash memory...you can pretty much use any data-recovery software, the one I've used is TestDisk:


    http://www.cgsecurity.org/wiki/TestDisk_Download


    You might want to avoid taking any more pictures on the same card after you delete some, there are no guarantees on recovery if you do.

  5. #5
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    Re: Hassled for taking pictures in the mall



    Ah what a shame!


    Quote Originally Posted by davideglasgow
    At any rate, the mall security guard came over and started hassling me about taking pictures, saying it was against mall policy, that it's a security risk, and that the tenants get upset about it. He asked me to delete the pictures.

    I think it wouldn't be any problem at all if you used your mobile phone or tiny point and shoot. Perhaps you could sell your DSLR and use one of them? [:P]


    Nah just kidding! It's a pitty, but yea it's private property so they can set the rules.


    Quote Originally Posted by davideglasgow
    but to me, I should not have had to delete any of my pictures, and if I would have been alone, I would have resisted to the nth degree.

    Can understand that, but you might get more problems than you want. By the way security risk??? Hmmm paranoid people, you could use any camera, practically invisible, to do the same. Really for checking security you don't care about any distortion or chromatic abberations [:P] at least I never have [:#]


    Jan


    Ps: ever heard of shoot and run?? [A]

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    Re: Hassled for taking pictures in the mall



    I ran into this problem in Bogota, Colombia, but I've never tried in the States. What I do know is, that if you want to take pictures of the mall and can get the same shot from the road that that is ok. I think as long as you're on public property when taking the picture, you're in the clear. I'm about 90% sure about that. Hope that helps.

  7. #7
    Senior Member btaylor's Avatar
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    Re: Hassled for taking pictures in the mall



    I ran into this issueindirectlywhile travelling through Vietnam. I say indirectly because it was someone else getting into trouble and I'm bloody glad it was them and not me.


    We were visiting Ho Chi Minh's mausoleum and some guy snuck a disposable camera in with him and took a pic while walking around old Uncle Ho. This is a place where you can't take ANYTHING in, and you go through metal detectors, get escorted though etc. You aren't even allowed to stop as you're walking around the sarcophagus (I stopped for about 2.5 secs and got jabbed in the ribs with a rifle [:|] ).


    Anyway, this guy got held down at gun point, arrested and roughed up a bit. Who knows what happened from there.


    I wonder if he got to keep his pictures [:P]
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    Senior Member Jarhead5811's Avatar
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    Re: Hassled for taking pictures in the mall



    When I was an MP in the Marine Corps, stationed on air bases,I had to seize film (digital wasn't around yet) taken on our flight lines.The funny thing is when I was stationed at MCAS Iwakuni,Japan there were always Japanese guys with really long white lenses just off the base taking pics of our aircraft and we couldn't do jack! I stopped one day and they started taking pics of me! I shot back with my old Rebel G...I'll try to find some of those pics.
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    Re: Hassled for taking pictures in the mall



    I agree that it is sometimes easier to comply with silly requests, but I'm not sure you could have been legally compelled to delete your pictures.


    If the mall permits anyone to enter and doesn't post signs stating photography is prohibited, they would have some difficulty prevailing in court. This would be especially difficult if they had to explain why every patron with a cell phone camera wasn't being stopped andasked to delete pictures. The mall is literally filled with cameras, the burden would be on the owner to explain why your pictures presented asecurity danger. Otherwise, the action against you was simply arbitrary.


    If I had been in your position and the photo was newsworthy or presented some value to me, I wouldhave resisted.My first question in these circumstances is, "are you officially detaining me andon what legal grounds."

  10. #10

    Re: Hassled for taking pictures in the mall



    All they can do is tell you the policy and ask you to stop. You don't have to delete your pictures as they are your property now. If you continue shooting after that the rent-a-cop can tell you to leave and get in touch with the police for tresspassing issues.


    I had some lady freak out on me when I was taking pictures of my daughter at a childrens event at a public playground park. Of course I had a 40D strapped around my neck while other people were shooting with small point and shoot cameras. She didn't freak out on them though. She started yelling at me about privacy law and drawing lots of attention to me. I was so ticked off and embarrased at the same time. I didn't want to make a scene so I put the camera away. I evenwarned another guy that strolled up with a DSLR andlet him know about the battleaxe that would likely get in his face too. So when I got home I started researching photography rights.


    Basically if you are on public property and there isn't any posted signs about photographyyour free to shoot. If you are on private property and a representitive of that said place (ie. Security) asks you to stop then your done shooting even if there isn't any signs. If you are standing on public property and can see something on private property you want to shoot then you are able to do so.


    I would also bet that if I was a women taking those same pics of my girl with the same camera setup that the old hag wouldn't have said anything either. Anyways thats my 2 cents.

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