Cabot Cinema
I took this from the sidewalk across from Cabot Cinema in Beverly, Massachusetts, on May 5, 2007 around 7 pm. The doorman in the photo is raising his hand to try to stop me from taking the photo. As I started to take another, he yelled something at me over the traffic and I walked over.
He asked if I was with a newspaper or new media outlet. When I said no, he said I still needed to ask permission to photograph this sign. I said that the sidewalk and road are public and I had a right to photograph anything or anyone in view from these places. He stated that this was a private business and the right thing to do was ask permission. He next complained about being in the photo. I said that you're not guaranteed privacy if you are in public though I did not take any more photos of him since he requested not to be photographed.
I snapped two more photos of the sign...
www.flickr.com/photos/dmhergert/486749519/
www.flickr.com/photos/dmhergert/486749475/
...and then I asked him if he were to take a photo on the sidewalk and there were a building in the background would he go inside first to ask the owner's permission? He said yes. Obviously he wanted to exert some kind of authority just because he was on the street and I was wielding a camera.
Comments and faves
SNWEB.ORG Photography, LLC. (60 months ago | reply)
Hi, I'm an admin for a group called Theater Marquees, and we'd love to have your photo added to the group.
Some nice obstructed architecture beyond the marquee. Very interesting story!
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Seen in The Harassed Photographer (?)
angus mcdiarmid added this photo to their favorites. (60 months ago)
angus mcdiarmid (60 months ago | reply)
Looks like a great cinema; pity the doorman's a creep...
wisr2 (59 months ago | reply)
I am returning to my home town for a visit soon. I am going to make it a point to visit the Cabot. Could be fun times.
Your friend, Ben added this photo to their favorites. (54 months ago)
Noel Joyeux (53 months ago | reply)
Hi, I'm an admin for a group called All about movies !, and we'd love to have your photo added to the group.
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Found in a search. (?)
eileansiar en vacances (51 months ago | reply)
I've experienced the same attitude from business people - they think they have property rights extending to the horizon. The opposite opinion was that expressed by Proudhon in the 19th century, "Property is Theft."
In between those two views is the photographer, trying in his own way to document life, examine life, create art out of banality - only to encounter business owners who rush out to harass us when we have legal rights and social responsibilities.
One remedy: you can join an organization called the IFPO, international freelance photographers organization, which will issue you, for a fee, a valid press pass. Then your rights must be respected by the police (sometimes even they have heard of the Bill of Rights) and individuals such as him.
cjc4454 (40 months ago | reply)
Hi, I'm an admin for a group called Caught in the Act ~ of Flickr~ing!, and we'd love to have this added to the group!
Edmonton-all (40 months ago | reply)
Great story. I've been a working journalist for thirty years and run into a lot of people who *think* they know what the law is. I've attended countless courses and read extensively on media law and you are right. If you are on public property you can photograph anything you can see with your eyes. I've also learned that you can argue till you're blue in the face and all it does is raise tensions. I generally identify myself, show ID if required - state specifically what the law is and leave it at that. If someone wants to argue I've learned to walk away. I'm always polite, respectful and if someone states they don't want to be in a picture I will comply if the request is reasonable. Convicts doing a perp walk and hard news are exceptions.
A press card gives you no more rights than any citizen. It may give you some respect in a pinch though. Any press card is a "valid" press card. Any organization can grant one and any freelancer can design and print one. IFPO may offer a little more credibility but it's not mandatory you carry one. Some big city PD's will issue them to local media but its more a formality than anything. A well designed business card you can hand an officer or passerby is likely as, if not more effective.
cjc4454 (40 months ago | reply)
thanks for adding this to our group!
Seen in CAUGHT IN THE ACT~ OF FLICKR~ING!
Scorpocat (40 months ago | reply)
What an idiot! No doubt full of his own self-importance. Thanks for sharing. When I'm next in Beverly I'll be there with my camera :)
Seen in CAUGHT IN THE ACT~ OF FLICKR~ING!
Dash Panache (40 months ago | reply)
I love the blues and grey in this and yeah,... Edmonton pretty much covered it. Public domain. As long as you're not on private property, snap away.
If fact, the laws seem to be in favor of the photographer. He's right, arguing just pisses folks off more. But they have no right to request film or take your camera. In fact, you can get them in trouble for harassment.
But it's just easier to smile with shot in hand and walk away....
Seen in CAUGHT IN THE ACT~ OF FLICKR~ING!
dmhergert (40 months ago | reply)
Thanks for the professional advice. I do need to keep my cool and not debate those with supposed authority.
I did research the laws regarding photography after this incident. Rick the door man's argument was that I was photographing private property. I found out though, that even if I am on PRIVATE property, it is deemed a PUBLIC space if I am allowed to be there. So malls, movie theaters, office building lobbies, or anywhere you are allowed to go without special permission, is open to the photographer.
I would like to send Cabot Cinema a link to this thread and see how they would respond. These photos of their marquee show up on Google and Yahoo! image searches too. So they're getting free advertising and publicity despite Rick the Doorman's attempt to stop my shutter from clicking.
Edmonton-all (40 months ago | reply)
I would be cautious about your interpretation of the last point. When you are in a public space which is private property such as a theatre or shopping mall the owners may create their own rules. Photographing while on their property is at their discretion. Most public spaces are quite relaxed about this provided you're taking typical tacky tourist shots. When you pull out a pro camera or a betacam things change quickly. The television station I work out of is located in an urban shopping mall. If we intend to do any shooting even six inches outside our own front door we must seek and be granted permission by mall management. I did some still photos of our marquee and front windows and had to get consent to do that as well.
Pork Shop Express added this photo to his favorites. (36 months ago)
Canonbamse (34 months ago | reply)
WHAT A MORON ! Does he think, his place looks so bad, it would be bad publicity, if anyone saw it, he should do something to it.
What You can see in a public area, You may also photograph.
Nice pics - and the facade is not that bad, either ;-)
explosive laughter and v ic a. added this photo to their favorites.