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Re: [OM] Photography LAWS

Subject: Re: [OM] Photography LAWS
From: "Walt Wayman" <hiwayman@xxxxxxxxx>
Date: Tue, 8 Jul 2003 11:55:02 -0400
This question has come up before.  The following does not in any
way constitute legal advice.  It's just my somewhat informed
opinion.

The difference between public and private can be confusing, and
this is my feeble attempt at giving some examples that, hopefully,
will clarify this conundrum.  The main thing to keep in mind is
this:  Private property ain't necessarily always a private place.
A public place is anywhere the public is invited to come to,
regardless of who owns the property.  Therefore, private property
very often is a public place.

Any mall, or, for example, the parking lot of your neighborhood
supermarket, is private property, but it's also a public place.
You can park your SUV outside Publix and shoot endless photographs
of waddling broad-butts pushing loads of groceries to their cars.
But if an agent of Publix (which means anyone employed by and
authorized to speak for them) tells you to f**k off, quit taking
pictures and go away, you'd better haul ass.  You're on private
property, which they have a right to control, although it's still
actually a public place, and once you've been told to skedaddle,
if you don't, you?re trespassing.

If you're on the streets of beautiful downtown Podunk, which is
absolutely, totally, in no way private property, you can shoot
whatever you want to and nobody can say you can't.  Except maybe
the guy who didn't want his picture taken and decides to kick
your ass.  That's your problem.  Tell him through your bloody lips
and missing teeth about your rights and how he's violated them.

My home is a private residence, about the most private of places
under the law -- you know, a man's home is his castle, etc., etc.
But if I decide to wander up by the street and piss on my mailbox
and you come along and take my picture, you can put it on the
cover of "People" magazine, and I have no recourse.  On the other
hand, if I go out in my back yard and piss on one of my azalea
bushes and you manage to get a shot of me doing so and you put it
on the cover of "People," I?ll sue your ass from hell to breakfast.

It's all relative.  The simplest example is this: My property is a
private place.  If I decide to hold a yard sale, it becomes a
public place, because the public is -- anyone?  anyone? --
invited.  Very good, class!  But once the yard sale's over and the
unsold junk's back in the basement, then it's private property
again and back to "You come wandering uninvited down my driveway
after dark, there's a good chance I'll shoot you."

Bottom line:  As Esterhouse used to say, "Let?s be careful out
there."  Discretion has always been the better part of valor.  It
remains so.

Walt

(You would think I might have something better to do, but I
don't.  I'm waiting on a call regarding some medical tests, and
I'm just a teeny bit antsy.)














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