Legality question

Sam · June 5, 2005

I don’t know if this is the right place to post this question, but here goes. I went to an art and craft festival today and was told by a vendor that photos are not permitted. She said I couldn’t take a photo of my friend in front of a booth. This show was held on city streets. (Public property?) She said it was part of the insurance companies stipulations? I don’t have a problem with not taking photos, but I would like to clarify this a little. Everything I have read seems to say I can take photos of anything from a public place. (Ok there are some exceptions, with violating some ones privacy etc. IE: using a telephoto lens to peek into a bedroom.)

Can an art & craft show, or vendor, held on public property prevent someone from photographing items in plain view?

Sam

Ps: I took a number of photos of a friend in her booth, and she didn’t say anything about not being able to photograph. I didn’t think to ask her at that time.

Shay Stephens · June 5, 2005

A few things to ponder:
1) Courtesy would say to grant her wish not photograph with her stand in the background. You can probably find a better background anyway. We don't want the public to think that photographers are boorish jerks.

2) The festival might be considered "private property" if they are paying to be there. This is pure speculation here. But they might have the right to limit what goes on there while they are there. Once gone, then the public access rules would prevail. Again, I am just brain storming here.

3) She is blowing smoke because she doesn't want her precious artwork copied somehow. Paranoia mixed with delusions of grandeur (like many would-be inventors hehehe) might be ruling the day here more than any real and enforceable restriction.

dragon300zx · June 5, 2005

Sam,

Ask to see it in writing. Not something they hand write but an actual preprinted document. You were in public, on public property. Just remember you always want to get it in writing.

Sam · June 5, 2005

Shay Stephens wrote:

1) Courtesy would say to grant her wish not photograph with her stand in the background. You can probably find a better background anyway. We don't want the public to think that photographers are boorish jerks.

I will normally agree and not photograph. My willingness is proportional to the attitude. I always like to KNOW my rights. I don't have an issue with willing giving up my rights, but I do have an issue with someone demanding I give up my rights.

2) The festival might be considered "private property" if they are paying to be there. This is pure speculation here. But they might have the right to limit what goes on there while they are there. Once gone, then the public access rules would prevail. Again, I am just brain storming here.

I doubt anyone can rent the public streets and have it become temporary private property.

3) She is blowing smoke because she doesn't want her precious artwork copied somehow. Paranoia mixed with delusions of grandeur (like many would-be inventors hehehe) might be ruling the day here more than any real and enforceable restriction.

I have had this happen twice, and really want to laugh at them. If I wanted to steal their precious designs I would have them and begone whithout them ever knowing.

I am just trying to to find out what the laws really are. Again, I have no problem with extending a courtesy, but we do need to know what our rights are or we won't have any.

Sam

Sam · June 5, 2005

dragon300zx wrote:

Sam,

Ask to see it in writing. Not something they hand write but an actual preprinted document. You were in public, on public property. Just remember you always want to get it in writing.

Oh, I am positive she didn't have anything in writting, and I didn't want to push it for no reason, but if the police were called in, it would be intesting to see if they could site any law with regard to this.

Sam

Legality question

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