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May I take a photo? Pretty please...

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Real Estate Agent with HER Realtors
Do you ask permission before taking photos for your blogs, Flikr photo stream, etc?

"May I take a photo of your store (mall, shopping center, etc.)?"

"May I take a photo your restaurant?"

"May I take a photo of my food at your restaurant?"


It's poll time

If my meal is a W*h*o*p*p*e*r and onion rings I better make that "to go." Here's a conversation about it on Flikr... Flikr "No Videotaping or Photography Permitted"sign all rights reserved on this photo.

Melissa Grant inspired this... Melissa wrote Before you post that Restaurant Picture You might want to read this ! An Alert ! It is members only.. so I am not going to quote Melissa or anyone who commented. Melissa inspired me to stop by the fast food chain in question and look to see if the sign was there. The sigh is there in Westerville Ohio.


Public vs. Private. Local vs. National

Family photos "May I take a photo of my child in your restaurant?" Here's a local (TV station) blog in the Raleigh N.C. area where a fella recounted the story of photographing his family at a fast food establishment in Georgia while on vacation... goLO "Go Local. Talk Local. Share Local"... The story of the mismanagement by the manager in Georgia came back from vacation with him and reflects on the fast food chain locally... nationally... the brand.

Yes it was posted. No he did not see it. Manager could have approached the family while "Dad" was taking the family photos and notified him of the policy, the sign, but chose to handle if differently.

Company policy...

Shutterbugs - Photography Banned

The New York Time's Freakonomic's wrote about the chain and others who are camera shy earlier this month...FREAK Shots: No Photos, or Shinny!

In Silver Spring MD (how close is that to Bob Carney Country?) protecting a development's brand means according to BoingBoing's

Photography banned in Silver Spring, Maryland "Security guards in a Silver Springs business district are enforcing a "no photography" policy, under the false claim that the street in question is private property."

Does Bob Carney say "May I?" before taking each photo he's posted to his Frederick MD as seen through my cell phone

Do Sarah and Chris ask permission before taking ALL their photos?

Sarah Cooper's Flikr photos

Chris Griffith's Flikr photos

Elsewhere in Ohio

"May I take a bath in the kitchen sink and videotape it?"

An employee with the fast food chain in X*e*n*i*a Ohio must have thought the companies rule of "No Videotaping or Photography Permitted" just applied to the public. He, the franchise's employee that videotaped the bath and the shift manager (a 20 year employee) were all fired when this employee posted the video online..

The health department was NOT amused.

There are actually a lot of good photos of that fast food chain on Flikr.

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Comments (70)

Mary Pope-Handy
Christie's International Real Estate Sereno - Los Gatos, CA
CRS, CIPS, ABR, SRES, Silicon Valley
OK that bath video was gross! If I'm just photographing a street and not one store in particular, then no, I don't ask anyone. But it's different if I'm featuring one shop or business. In those cases, I do ask permission to take pictures so that (1) they don't freak out and worry, (2) they know I'm going to put them in my blog. I give them my card and tell them appx when I think the post will go. Folks are excited and happy to know they'll be featured. So talking to them about it ahead of time is a marketing opportunity for me.
Aug 30, 2008 09:16 AM
Bryce Mohan
Bryce Mohan Photography - Bellevue, WA

Not this topic...again. This has been answered already, on the very blog this one refers to.

 

Aug 30, 2008 10:07 AM
Dawn Maloney
RE/MAX Trinity Northeast Ohio Real Estate Specialist - Hudson, OH
330-990-4236 Hudson & Northeastern Ohio

Thanks for the info and the .pdf - I have really started taking a lot of photos at restaurants and such, and I notice some odd looks. I needed this NOW!

Aug 30, 2008 12:03 PM
Anonymous
Nancy

I always try to take pictures from the sidewalk or street because I know how irate people can get.  But I like the idea about getting a signed release, especially in California, the litigation capitol of the world

Aug 30, 2008 12:07 PM
#55
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Bryce Mohan commented:

"Not this topic...again. This has been answered already, on the very blog this one refers to."

What your answer on Melissa's post?  Sorry to bore you.  You could have just moved along and not left a comment. And gee I thought I was adding a little bit more to the discusson.  I don't remember a poll on that blog or anything from Freakonomics, Flikr or Boing Boing.

 

EVERYONE FLOCK BACK TO MELISSA'S  BLOG FOR BRYCE MOHAN'S COMMENT.  IT WAS THE ANSWER.

Don't bother to talk about anything!  Don't bother to form an opinion. Don't share your experiences...  Don't listen to ANYONE but Bryce Mohan, he has provided the answer.  

 

 

Aug 30, 2008 01:56 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Thanks all for the comments. 

Roland Your comment made me laugh.

Cheryl thanks for adding a link that carries on the conversation. I am off to read that now.  Back...  wow... that is really local. Very colorful story on a number of levels.

I have photographed my food a couple of times recently (covertly.... or I guess semi covertly...)   once at a Mexican Restaurant.  It really bothers my S.O.

Anna I really am not much of a photographer but I have a thing about people in photos... not so much if they are recognizable.. just I don't want them in a picture.  Also I am not built for photography... I was trying to take photos at the Columbus Arts Festival in June of huge art with huge crowds...  I am only 5'2"  I waited and worked my way up and got a picture of someone's back when he stepped right in front of me...tried again...

Jason I remembered the story but did not realize they nearly called the police.   I will have to go look for the entry again.

Renee Googled drop routes to try to understand your comment yesterday.  I have not been in a casino in about 10 years but I am sure cell phones with cameras and even digital cameras have been a challenge for security.  Very local although with casinos all over the country now (EXCEPT OHIO) it has to be a concern others have.  Las Vegas knows how to handle tourists with cameras more than most towns I am sure.

 

Frances  Your " I will be more careful, however, after this post." is exactly the opposite of the response I was going after... I am not trying to warn people.. but that's OK, if that's what you get out of the conversation.

@GotBob  thanks for the guest appearance.  Thank you, thank you, thank you for:

"By the time you ask permission you missed the shot."

You can always make a decision later to not use a photo if you have qualms but you can not go back and stage the shot. 

Sally "if there are background people I blur them or crop them out"  I could crop them out... I don't know how to blur people...

Fred thanks for the additional input.

Crystal "the music concerts have loosened up on the photograpy rules, with everyone having a cell phone camera"  that would be a nightmare to try to control.  

Mary  I saw it on the news. It was just a few weeks ago. I did not remember which fast food chain it was and thought it was in Springfield not Xenia but I found it.   I used the version of their faces with their faces obscured.  He obviosly wanted people to see his face and more.  I feel for the shift manager who lost her job... Not great management.

Dawn on the Freakonimic / NYTimes article they said that a lot of nice restaurants in NYC do not allow photography anymore... I thought of food bloggers at first but go in for a party for mom and dad's 25th anniversary you aren't going to be able to take a picture of the happy couple.

Denise Shockey wrote:

"My husband is in law enforcement, and the issue comes up a lot from citizens calling in about people taking photos."  I wonder how much of it is from people who have legitimate concerns and how much is people with control issues. 

What is going on with the fonts here?  Did I leave a command open in the post?  Is it in any other comments or just mine.

Aug 30, 2008 02:30 PM
Aaron Cullen
Brokers Inc. Residential Real estate - Folsom, CA
Folsom, El Dorado Hills & Sacramento Real Estate &

If it is public, it is public right?  I think we need to worry about more important things in life...

Aug 30, 2008 03:14 PM
Kathy Anderson
Arizona Luxury & Lifestyle Living - Cave Creek, AZ
Arizona Homes For Sale

Lenn, thank you for weighing in.  I knew you would know the legal ramifications.

Aug 30, 2008 03:25 PM
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate

Outside in public I just shoot away. Indoors, I always try to let someone know what I'm doing and usually it's along the lines of "I just want to take a few quick shots."

Interesting post and discussion with a wide range of viewpoints. The only thing I didn't see mentioned was Google StreetView.

Aug 30, 2008 04:47 PM
Steven L. Smith
King of the House Home Inspection, Inc. - Bellingham, WA
Bellingham WA Home Inspector

I spent years in journalism and have written here on libel, invasion of privacy. I have got to say that the whole photo thing, including lifting a generic photo from google images, is just about the most complicated legal matter I can imagine in the rain. For example, you can take a picture of the White House and do whatever you want with it -- we all own it. But, if you were to lift an image of the WH, taken by a professional photographer, and that photographer could prove that you were using his photo, that is copyright, then you are off limits. This is really confusing. I plan to do my own blog on it, but I can see it being long and tedious just thinking about it. I worked in and around this years ago when I did a documentary for radio that used public voices -- Presidents, Senators, etc. Their voices were all in public domain, but the networks still owned the audio, the means of delivery.

Aug 30, 2008 05:49 PM
Michael Sahlman
www.HomesForVIPs.com - Keller Williams Realty - Miami Beach, FL
e-PRO - Miami Beach Florida Luxury Homes
I never thought about it until now , but then again i have not been taking too many photos inside businesses. Good post and thanks for bringing it up.
Aug 30, 2008 06:14 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

John GoogleStreetview would certainly be off the premises.

Steven none of the people are mentioned here in the post are trying to use anyone else's photos.  They just want to take their own photos... the conversation on Melissa's blog turned into the usual AR discussion of Copyright but in the post Melissa quotes the company policy and it's a Trademark issue...

Margaret Woda posted Is it Time for a New Practice on ActiveRain?  about attributing photos used with permission (license) and there was a chorus of comments saying I am just going to take my own photos (rather than using photos taken by others ALLOWING others to use...  just to be safe. On Melissa's post along with a lot of muddled talk about copyright the chorus sang "I will always ask permission before I take a photo."  I unsubcribed to the comments because it got so boring between people talking copyright and the GPTFS type comments.

Burger King can copyright their architecture but people could still , photograph it from afar, sketch it,  do an oil painting of it...  write about it, etc. 

The people in this post who just want to take pictures of their kids, a street in Silver Springs MD would have the rights to their photographs. 

The company has every right to post their property "No Videotaping or Photograhy" I just don't think it is very welcoming to families.  I wonder how long they have had that policy.

Thanks all for the comments.

Aug 30, 2008 10:57 PM
Midori Miller
Talk 2 Midori, LLC - Daytona Beach, FL
Online Marketing For Real Estate Professionals

HI Maureen-this is a great reminder...I know because I once managed a grocery store...and I knew from there...no photo's inside!  Its just not the copyright  issue..its the use of the photo's that concern many....many businesses do not want to see themselves..show up in places in a negative light.  Remember 60 minutes and some of the grocery stores....big reason why most businesses do not want camera's...press...and media around!

Aug 31, 2008 01:58 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Midori there was a converstation on Twitter between whomever tweets for Whole Foods and someone who was stopped from taking a photo in Whole Foods.  Whole Foods has a Flikr photo stream but does not allow photos???  Take your Whole Foods produce home to photograph it? 

I think some industries will eventually realize that whether or not they allow photos people will still express their opinions on the internet with the "______ Sucks" websites.    Denying fans the opportunity to rave and cast your product in a good light is short sighted.  Of course there are some businesses, locations that need security, privacy.

I've been  reading the blog of a law professor in CA who deals with technology issues.  Lots of stuff about trademarks... much of it waaaaaaay over my heard.

 

Aug 31, 2008 03:37 AM
Fred Light
| Nashua Video Tours - Nashua, NH
Real Estate Video Tours for MA and NH

I'm not sure what the fascination is with realtors and grocery stores...

But like everything else, everybody is different.  It's always better to ask permission.

I recently filmed a video AND an interview in a grocery store.  Not only did they have no problems, they welcomed the publicity!  I was in there with a tripod and the whole works...  not an issue at all.

I'm guessing that smaller, local stores (vs. the chains) would be more welcoming.  Besides, if you're photographing them for a bog or community information on your website, the local stuff is far more interesting than seeing inside your Stop and Shop or Safeway grocery store.  They all look the same anyway - like most of America. People want to see the stuff that makes your community unique.  So skip the chains like Whole Foods and Burger King and go after the little guys - they'll probably be more receptive anyway.

 

Aug 31, 2008 03:54 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I don't believe the Whole Foods thing has anything to do with Realtors... I wish I could find the thread.

Aug 31, 2008 03:57 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

That may or may not be the conversation I remember...seemed much longer ago.. but it was a guy in CA who is in to photography. Chances are there is more than one guy in CA who is into Flikr... maybe even more than one guy who is into photography in CA who has been kicked out of a Whole Foods

@tigerbeat is Not in the real estate industry. 

Normal people (and most real estate agents / bloggers are normal people deep down inside)  having concerns about where to take pictures, where NOT to take pictures is NOT all about blogging for real estate clients.  It's about normal people (which could include people in the real estate industry ) using digital cameras, video cameras and cell phones for  posting photos to Flikr etc. about fun with friend's and family.

 

Aug 31, 2008 04:14 AM
Midori Miller
Talk 2 Midori, LLC - Daytona Beach, FL
Online Marketing For Real Estate Professionals

Fred I was a in a burger king and took some photo's off their wall as long as I did not get the burger king stuff in the photo I was just fine according to the manager.  As far as real estate and grocery stores in our area..you see REALTORS on lots of shopping carts in the grocery stores..with paid advertising..I don't know about you but I have given out my business card out many times...I also tell people I am a blogger...some love it and others don't want photo's. 

I have also been on the other side asking that photo's not be taken as per my employer..the corporate policy.

Yes maybe the smaller grocery stores are open to it..but those larger companies think liability...think law suit and lost sales.  I know I worked for one of them and followed and respected their policy.

Maureen I believe if you aren't getting your fair share of critics..you aren't doing enough business! :)  Meaning open up your mind and really understand the true power of the net and utilize it and you will see not everyone is a raving fan.  Boy don't we know it!

Aug 31, 2008 07:52 AM
Carole Cohen
Howard Hanna Cleveland City Office - Cleveland, OH
Realtor, ePRO
Hi Maureen and I voted, but kids are a totally different ballgame. I ask and then I ask again, and as a matter of fact have only used a kid photo twice, I'm so skittish. It seems to be a touchy point with parents and since I am not a parent, I take the skittishness seriously having no experience to draw from.
Sep 10, 2008 03:18 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I don't take pictures of people much... I like inanimate objects... thanks for the commnet Carole

Sep 10, 2008 10:53 PM