DPChallenge: A Digital Photography Contest You are not logged in. (log in or register
 

DPChallenge Forums >> Photography Discussion >> Walmart - Photography Not Allowed
Pages:  
Showing posts 1 - 25 of 99, (reverse)
AuthorThread
08/18/2008 10:39:06 PM · #1
We were camping weekend before last and had to run into town for a few things. As we waited for checkout my 4 year old wanted me to take her picture by the candy display. The regular camera was in the car so I whipped out my phone, and while I was setting it up the cashier said, "You can't take a picture of that." I was surprised and said, "What??" and he said it again. I was truly and surprised said, "THIS thing?". He then told me no pictures in the store. As I walked back to my checkout lane I was sure to tell my wife loudly that I got the shot.

Anyway, I know all about the photographer's rights and how even a privately-owned shopping mall is considered a public place. But what about a single store? Since we were camping and wanted to get back, I didn't want to address the issue with management, and I wasn't sure about a store. And there was photography policy listed on their door either.

I read elsewhere that you have to get permission before shooting anything on Walmart property.
08/18/2008 10:44:14 PM · #2
heard it is supposed to protect the store's product displays from being copied by competitors - something along that line. i'm happy you didnt make a fuss out of it in front of your daughter - good decision.
08/18/2008 10:44:39 PM · #3
do what??
back in high school we used to do photo scavenger hunts.. okay maybe it wasn't high school it was collage.. and just a few years ago.. you know go to the bar get a few drinks and dumb ideas.. anyhow.. we'd come up with a list of.. items, extra large trogen's, hemrodial cream. a hot pink g string.. ya know normal things.. lol and snap a picture of you holding it in the store. once you had all the pictures you had to send a text to all players who then had to review the items and make sure it was from that night ( camera phones save the pic with the date) and who ever got it first won $100 bucks.. it was pretty fun and we only got kicked out of stores about 3 times for taking pictures, I do know that the local walgreens did not allow anymore pictures to be taken in the store shortly after this game began..
08/18/2008 10:48:53 PM · #4
One year, for my daughter's birthday, I took her and a few of her best friends to a clothing store. I talked with the clerk and got permission for this ... basically we set up a mini "fashion show" right there in the store. The girls would try on different outfits, come out of the dressing room in front of the mirrors and I would get pictures of them in their various outfits. We all had a blast, especially the girls. At the end of it, I bought each of them one item of clothing they had tried on. That wasn't part of the arrangement with the clerk ... but I felt, for having let us use their store, the store ought to get "something" from it. And besides, the girls were ecstatic. :-)

Since that time, I've tried the same store and a couple of other stores, only to be flatly refused ... "no photography allowed". I guess we got lucky the one time we did it!

08/18/2008 10:54:02 PM · #5
Originally posted by Ken:

We were camping weekend before last and had to run into town for a few things. As we waited for checkout my 4 year old wanted me to take her picture by the candy display. The regular camera was in the car so I whipped out my phone, and while I was setting it up the cashier said, "You can't take a picture of that." I was surprised and said, "What??" and he said it again. I was truly and surprised said, "THIS thing?". He then told me no pictures in the store. As I walked back to my checkout lane I was sure to tell my wife loudly that I got the shot.

Anyway, I know all about the photographer's rights and how even a privately-owned shopping mall is considered a public place. But what about a single store? Since we were camping and wanted to get back, I didn't want to address the issue with management, and I wasn't sure about a store. And there was photography policy listed on their door either.

I read elsewhere that you have to get permission before shooting anything on Walmart property.


Way back in the day, about 20 years ago when I managed a Blockbuster Video, we had that corporate policy too.

I think it's their right to do so, so we just have to deal with it.
08/18/2008 10:56:59 PM · #6
I did shoot once in a Menards but I called first and got permission. I took lots of pictures of the grout display.

This wasn't even of a real display, it was a small M&M's display that had candy inside, at kid level, just waiting for the kiddies to grab it and badger the parents to buy it.

08/18/2008 10:57:40 PM · #7
Originally posted by crayon:

heard it is supposed to protect the store's product displays from being copied by competitors - something along that line. i'm happy you didnt make a fuss out of it in front of your daughter - good decision.


couldnt the competition jsut walk in and look at the displays?
08/18/2008 10:59:05 PM · #8
Originally posted by HawkeyeLonewolf:

Way back in the day, about 20 years ago when I managed a Blockbuster Video, we had that corporate policy too.

I think it's their right to do so, so we just have to deal with it.


But I'm curious if a store like this is considered public or private. If it's considered private than I have no problems abiding by their rules, even if I think they're dumb.
08/18/2008 11:06:26 PM · #9
Originally posted by JDubsgirl:

Originally posted by crayon:

heard it is supposed to protect the store's product displays from being copied by competitors - something along that line. i'm happy you didnt make a fuss out of it in front of your daughter - good decision.


couldnt the competition jsut walk in and look at the displays?


i think it is along the same context as allowing you a tour of a military camp, but no photography.
08/18/2008 11:09:30 PM · #10
Originally posted by Ken:

Originally posted by HawkeyeLonewolf:

Way back in the day, about 20 years ago when I managed a Blockbuster Video, we had that corporate policy too.

I think it's their right to do so, so we just have to deal with it.


But I'm curious if a store like this is considered public or private. If it's considered private than I have no problems abiding by their rules, even if I think they're dumb.

Yes, it is "private" property. They can prohibit photography, but must do so uniformly, not pick and choose who can take pictures.
08/18/2008 11:09:33 PM · #11
Here is a link about Wal-Mart and taking photos inside:

//thomashawk.com/2005/01/more-cluelessness-at-wal-mart.html
08/18/2008 11:20:06 PM · #12
Originally posted by GeneralE:

Originally posted by Ken:

Originally posted by HawkeyeLonewolf:

Way back in the day, about 20 years ago when I managed a Blockbuster Video, we had that corporate policy too.

I think it's their right to do so, so we just have to deal with it.


But I'm curious if a store like this is considered public or private. If it's considered private than I have no problems abiding by their rules, even if I think they're dumb.

Yes, it is "private" property. They can prohibit photography, but must do so uniformly, not pick and choose who can take pictures.


What makes a single store "private" and a shopping mall "public"?


08/18/2008 11:32:41 PM · #13
Shopping malls are private too and can restrict photography, can they not?

Message edited by author 2008-08-18 23:38:21.
08/18/2008 11:41:25 PM · #14
Legal Rights of Photographers

I believe malls are considered public because they open their doors and you can freely come and go.
08/18/2008 11:54:20 PM · #15
Originally posted by Ken:

I believe malls are considered public because they open their doors and you can freely come and go.


actually malls are business premises which are privately owned.
i think when we enter these premises, we are called visitors.
public properties/premises are those not owned by any private owners.
08/18/2008 11:57:33 PM · #16
Much easier to seek permission than to deal with a confrontation.

While it may be true that the common areas in a mall might be considered public, I would think that each operating entity would be considered private.

I read with interest the "Legal Rights of Photographers" and earnestly believe that it could result in someone being arrested and charged simply because they believed the contents of this document to be exact.

I can assure you that in the Province of Quebec, the expectation of privacy by the individual is much greater than that alluded to in this document.

Play it safe... ask first.

Ray
08/18/2008 11:59:47 PM · #17
Originally posted by crayon:

Originally posted by Ken:

I believe malls are considered public because they open their doors and you can freely come and go.


actually malls are business premises which are privately owned.
i think when we enter these premises, we are called visitors.
public properties/premises are those not owned by any private owners.

This is really a gray area. Just like private clubs and schools are considered public if they don't have strict enough guidelines for letting people get in and yet are privately owned. However the cases I've read with those situations were generally about what they could and could not discriminate against.
08/19/2008 12:04:02 AM · #18
Originally posted by kyebosh:

Originally posted by crayon:

Originally posted by Ken:

I believe malls are considered public because they open their doors and you can freely come and go.


actually malls are business premises which are privately owned.
i think when we enter these premises, we are called visitors.
public properties/premises are those not owned by any private owners.

This is really a gray area. Just like private clubs and schools are considered public if they don't have strict enough guidelines for letting people get in and yet are privately owned. However the cases I've read with those situations were generally about what they could and could not discriminate against.


it's not as "gray" as one might think, strictly law speaking
08/19/2008 12:08:53 AM · #19
Originally posted by RayEthier:


I can assure you that in the Province of Quebec, the expectation of privacy by the individual is much greater than that alluded to in this document.

Play it safe... ask first.

Ray


I have no problems with the expectation of privacy for an individual, but my original post dealt with my daughter and a candy display, so individual privacy is not a concern.

As far as asking first, I can just imagine how that phone conversation would go. "Hi, I'm at a Walmart store and my daughter wants me to take her picture next the M&M display..." Somehow that just seems funny to me. But I do agree that it's typically a good idea to ask, especially if you know ahead of time.
08/19/2008 12:14:52 AM · #20
Originally posted by Ken:

Originally posted by RayEthier:


I can assure you that in the Province of Quebec, the expectation of privacy by the individual is much greater than that alluded to in this document.

Play it safe... ask first.

Ray


I have no problems with the expectation of privacy for an individual, but my original post dealt with my daughter and a candy display, so individual privacy is not a concern.


Hi Ken, i believe Ray was specifically commenting about the "Legal Rights of Photographer" and touching on personal privacy. anyway, i'd once again like to commend your choice of not pursuing your rights on that particular incident with your daughter - it could have ruined your day (and your family's) that day, should you have decided otherwise :)

side note: i believe there should be rights for photographers, and their rights to take photos, btw... but i disagree with unreasonable/extreme demand of one's rights to be upheld, even if they have the rights to legally do so - on a morality basis.

Message edited by author 2008-08-19 00:15:25.
08/19/2008 12:40:15 AM · #21
Any property owned by a private entity is considered private property and the owners of said property may set rules of any type as long as those rules are not discriminatory in nature(Ie they cannot deny you the right to take photos based on your sex, race or religious affiliation) If Walmart does not want you taking photos they can restrict them and they can ask you to leave for failure to comply with their rules. What they cannot do is restrict you from taking photos of their store or any thing on their property visible from a public thoroughfare(a street or sidewalk owned by a municipality including sidewalks that are covered by easements such as in a city) Common areas in shopping malls are not public property unless owned by a municipality(ever seen a mall that restricts children under 18 on the weekends, same set of rules). Rules for common areas may be regulated by local government ordinance that may modify the rights of individuals visiting them but this should be covered in their rules.

I suspect the Walmart policy has more to do with lawsuits and liability than it does with competitors. If there is not a photo then it is a case of he said she said, with photos it is harder to defend against a suit and so no photos in the building. Some organizations will allow photos as long as they get to review them first, others allow them if the intent is clearly not harmful to them(ie like positive news reports etc.)

Message edited by author 2008-08-19 00:42:51.
08/19/2008 01:43:46 AM · #22
HAHAHAHA, I got several insider shots of Wal-Mart today. In the panic of tropical storm Fay no one noticed me.

' . substr('//images.dpchallenge.com/images_portfolio/0-4999/3020/120/711981.jpg', strrpos('//images.dpchallenge.com/images_portfolio/0-4999/3020/120/711981.jpg', '/') + 1) . ' ' . substr('//images.dpchallenge.com/images_portfolio/0-4999/3020/120/711980.jpg', strrpos('//images.dpchallenge.com/images_portfolio/0-4999/3020/120/711980.jpg', '/') + 1) . '

For those interested, more shots of tropical storm Fay here.
08/19/2008 02:45:32 AM · #23
I was in Pier 1 and was about to take a photo of some candle holders that I wanted to show my daughter (wanted to potentially use for her wedding reception) I was told I could NOT take any photo in the store. If I had been able to show my daughter these, I would have purchased 40 at $25.00 each. Needless to say, I did NOT come back and purchase anything.
08/19/2008 03:01:55 AM · #24
How hard is it not to take a picture if they ask you not to?
08/19/2008 07:28:04 AM · #25
Originally posted by jhomrighaus:

Any property owned by a private entity is considered private property and the owners of said property may set rules of any type as long as those rules are not discriminatory in nature(Ie they cannot deny you the right to take photos based on your sex, race or religious affiliation) If Walmart does not want you taking photos they can restrict them and they can ask you to leave for failure to comply with their rules. What they cannot do is restrict you from taking photos of their store or any thing on their property visible from a public thoroughfare(a street or sidewalk owned by a municipality including sidewalks that are covered by easements such as in a city) Common areas in shopping malls are not public property unless owned by a municipality(ever seen a mall that restricts children under 18 on the weekends, same set of rules). Rules for common areas may be regulated by local government ordinance that may modify the rights of individuals visiting them but this should be covered in their rules.


I understand the trespassing, but what law would be broken if I were to take a picture in a mall?

Pages:  
Current Server Time: 10/28/2020 05:39:46 AM

Please log in or register to post to the forums.


Home - Challenges - Community - League - Photos - Cameras - Lenses - Learn - Prints! - Help - Terms of Use - Privacy - Top ^
DPChallenge, and website content and design, Copyright © 2001-2020 Challenging Technologies, LLC.
All digital photo copyrights belong to the photographers and may not be used without permission.
Proudly hosted by Sargasso Networks. Current Server Time: 10/28/2020 05:39:46 AM EDT.