Don’t Shoot!!!!!!!
What are my rights?
Last month Kelly and I were in New York City for a few days. An opportunity to get away without the kids – hang with a few friends, and even stalk Julia Roberts at a quiet little Tapas place.
We were waiting to meet a friend near Union Square, and ducked into a trendy little “diner” type place right next to the park. Good coffee – kitchy kinda place, kinda cool, food looked good – etc. In fact – as a side note – it’s been in several movies from what I understand, and we recently noticed that the scene in The Devil Wears Prada where she’s giving gifts out to her friends – you know – that beautiful blue Marc Jacobs bag!! ~faints~ – they are sitting in the exact seats we sat in.
I digress.
Often.
So I’m taking pictures. Duh. I think I had the fiddy out and was playing with depth of field, light, coffee – you know – important photography things. Suddenly I feel a hand on my shoulder (as I’m looking thru viewfinder) and the manager (gripping me tight enough to justify some violence from me) looks at me and says those words that photographers just LOVE to hear:
“Will you please shoot our piece for Vanity Fair”
No. He actually said:
“Sorry, we do not allow photography in here.”
My mind goes fast in these situations. A million thoughts at once:
- grab the wrist near my shoulder, and twist it until he has just a stump where his arm was
- run
- did I over expose that shot
- his mother didn’t give him enough love – go easy on him
- he’s within his rights
- ooh look behind him – she’s kinda cute
- where the hell is Robin? She was supposed to be here 10 minutes ago
- I wish it would stop snowing
- I hope I bump into Julia Roberts in the Tapas place
- he’s not within his rights
- why the fuck is he TOUCHING ME???
I went with staring him in the eye and telling him: “Well that’s just RIDICULOUS”
He wasn’t expecting that – he seemed to think I would just say “oh sorry sir – yes sir - right away sir”
So we had a few words. Nothing major – and because Kelly was giving me the hairy-eyeball, I did put the camera away.
And I’m pretty sure I saw him say something to our waitress and nod in our direction and I’m pretty sure their coffee doesn’t really cost $7 a cup.
We left soon after.
I know it’s not the first time anyone of us camera-whores has been given this line. My first time was when taking this shot:
at an AG Jeans place. And I’ve heard of friends being tossed or simply asked to stop.
But why? What is the problem with taking pictures in a diner, clothing store, or any other “public” place? Is this guy afraid I’m going to get a shot of his place, and photoshop in a rat or dead guy or something?
Really – I just don’t get it. And Kelly was telling me, of course, that I was rude – and he has the right to tell me “no-photos”.
What do you guys think? First – why would a place put on such a restriction – and second – how should I have reacted?
ps – the only decent shot I got there was this:
The last time that happened to me was at Whole Foods. I was photographing their weird gourds outside the store. The manager came out to tell me that I wasn’t allowed to take photos.
I went with the “step off the curb into the shared parking, and continue to shoot a few shots to demonstrate my defiance”. I also went with the “not going back there” approach.
Whole Paycheck believes that part of their cache is their visual approach and want to protect that. But… if I were doing industrial espionage, wouldn’t I just walk in a few times and make mental notes? Or make a voice note on my phone while pretending to take a call?
The next time it happens to me, I’ll ask “why” and probe until I get an answer. It could be as easy in your case as a blanket rule to prevent paparazzi from annoying guests.
Having worked nine horrid and painful years in retail, I know that a lot of stores are very wary of photographers taking photos of their windows. Window displays are treated like intellectual property–and they are certainly of great importance in the retail world. There’s always that fear that someone is trying to “steal” your idea for their own store window, as silly as that sounds.
The restaurant thing is a bit more ridiculous. I suspect they’re afraid you might portray their restaurant differently than they’d like, but that’s ultimately beyond their control.
With a piece of art (which a window display is at the point of its creation, even if it’s replicated in 867 stores windows across the country), I can understand the “no photo” argument. With the content of a space, I really think it’s crap.
I don’t get it, really. I’ve read some commentary about this by food bloggers/reviewers.
The reasons behind it from the restaurants’ point of view are likely one of the following (and generally if one or two people might do one of these things, they implement “a policy” so staff does not have to decide in each situation):
1. Photographer may use flash, disrupting others’ dining experiences.
2. Photographer may get a shot of another patron or staff member without their permission and who knows what they will do with it.
3. Photographer may get shots of the food that look unflattering.
As far as other public places go, there would be similar reasons I guess. Mostly about other people in the photos and the establishment not wanting to be responsible legally in any fucking way whatsoever. As with most stupid rules in our society, it is excessive litigation that is behind it.
In this case, however, the manager probably just didn’t like you. :-)
I would have definitely acted like I didn’t speak english, shrug it off, and then take a picture of him. Ha.
I still have yet to be told I can’t take pictures of something. And when it happens I will probably end up in jail.
I can see the want of restaurant owners to disallow photography; mainly for the points listed above. However, I think it is quite stupid. Do they stop people from shooting if there is a birthday party or event? In the end, you are in a private establishment, despite the public nature of said establishment and it’s their rules.
The same could be said for shooting window displays from inside a shop. However, if you are on a public sidewalk, they can get #suckit. Property lines end at the building face in large cities like NYC, so they have no right to tell you to stop shooting. Thomas Hawk has posted a few times on this issue (http://bit.ly/xgFt0) and it’s amazing how often this occurs.
Thank you.
Oh…and this site is great for reading up on such instances…
http://carlosmiller.com/
Not sure if this will go in or not because I am not signed up with Flicker, but now this is all making sense. When I was in Manhatten with my daughter Hannah, we were in the new Aeropostale store in Times Square. I wanted to take a pic of her standing next to all the bras in the “Hannah” section. The woman comes out and yells at me and tells me “No Photos Allowed”. Me being the defiant one, waited for her to leave and then snapped the photo anyhow (showing my daughter how a nice respectable person should react to a person telling you what you can and cannot do). Anyhow…..it all makes sense now.
*sigh*
Oops…forget above. I was thinking I was on your “Flicker” photo page. Not realizing it was your blog.
They certainly are within their rights, as once you’re inside, you aren’t on public property. It’s open to the public, but that’s not the same. I do agree with you that it is pretty stupid though.
Had you taken the shot from outside, they wouldn’t have been able to do anything about it. They could have told you to leave, but they wouldn’t have been able to enforce it.
I know when i was in Tiffany’s, in Manhattan, two security guards scolded me for taking a wide angle shot of their showroom. Minutes later, I did it again, and was meet with the same response. Looking back on it, I can see where it might be a security concern. They didn’t throw me out, which they could have done, if they really wanted to push the issue
First off I have to say I finally added you to my google reader! What the heck was I waiting for? Don’t answer that!
I would have gone with the:
“his mother didn’t give him enough love – go easy on him”
or just told him that he was simply being ridiculous and I am sorry he feels that way. I will be sure to write a review on my blog about this place and you. What’s your name?
I love the jean shot…totally worth being told you “can not shoot in here”
Miss you Pete!