Can I take a photo in a restaurant

[thepreacher]

I believe a pub or a restaurant are considered public places to some extent. Does anyone know if there is any legal reason why I can't go in to a bar or restaurant, take a photo (with no actual people in it) and then publish this photo?

[gmc2002]

Why do you believe a pub or a restaurant are considered public places ?

[Alej]

youd almost definitely have to ask the owner. The public may use them but they are not public places-the owner can throw anyone out.

[thepreacher]

Gmc2002. I agree that I am possible stretching the definition of the word 'public place'. My definition of a public place would be the following. "Any public park, garden, sea, beach, railway station, and any ground to which the public have or permitted to have access, whether on payment or otherwise." Although a restaurant is privately owned (and I can be refused entry or thrown out, since it's open to the public I would hope to have some freedom here. For example, I think I am allowed to take photos or dress casually unless they advise otherwise through perhaps a sign or the terms on the ticket.

[BenDToy]

Definitely not public places. A proprietor can refuse entry (or eject you) without giving any reason. You are only their with their permission. Also the people in the photo would have to give their agreement to publish.

[BenDToy]

Sorry - you are only THERE with their permission. Also you have absolutely no "rights" to dress as you please or behave as you please. I emphasise that the proprietor can "remove" you without having to justify his actions. Even if you have a ticket (?) it will say ROAR whichmeans Right Of Admission Reserved ie it does not guarantee admission.

[BenDToy]

Sorry for the bold type - html amateur!

[thepreacher]

I agree that I'm only there with their permission and that they have at any time the right to remove me from the premises and bar me from future entry, Also I acknowledge that they can set rules such "No trainers or Burberry", but the question is, am I automatically forbidden from taking photos (for publishing) which containing *no* people, while in this pub, even if there is no advance warning from the owner to that effect? I think that the owner must either have a sign banning photography or it must be in the terms of the ticket that I buy to allow entry.

[LeMarchand]

The owner can eject you from his/her premises without giving you a reason. If s/he is smart, then s/he will just ask you to leave, thus avoiding any argument as to why s/he wants you gone. No need to put up any signs!

[Kerplunk]

thepreacher you are correct that a public place is defined in law as "A place which the public has access to, either payed or otherwise". But the rest are right in that you don't have any legal right to take photo's and can be ejected from the premises for doing so if the landlord or his representive wish.

[thepreacher]

I'd like to thank everyone who has replied for your help, it's very useful. I understand that the landlord can throw me out if he catches me taking a photo. What I'm wondering though is can he sue me for publishing the photos. For the sake of arguement, I go to my local pub and take a photo of a chair (no-one is visible in the photo). I then take this photo and place it on the web. I wonder if he can sue me for this? I think I'm going to have to visit a solicitor for this one before I get sued in to the 16th century. Thanks again for your help.

[clarabel82]

I think putting the photo on the web is different to say publishing it in a book. it might depend on if you are going to charge people to use the photo or whether they can look for free, in which case you won't be making any money from it. I'm sure if you asked the owner and explained what you wanted to do he/she would probably be willing to let you take the photograph, under the condition that you credit the establishment. I have a lot of photographs on the web and if I got sued for every object that wasn't mine in them, trees, houses etc I think I would be in prison by now. Shh don't tell anyone incase I DO get put in prison for it!

[BenDToy]

I think the proprietor may technically be able to sue, although I am not sure what for. I guess if you are using the image for commercial gain, then he would have some sort of case. He can't just sue you for taking pictures. I guess he would be faced with a lot of practical difficulties; finding where the picture has been used, proving it was taken in his premises, and then without his permission, legal representation etc. I think I would be tempted to take a chance here. But I would also ask the owner - I can't see why he would object unless you were going to portray him in a bad light (metaphorically speaking of course!)

[thepreacher]

Hi, I think BenDToy is probably right in that it depends on how I use the photos. Thanks to everyone for your advice, it's much appreciated. clarabell88, I think if the owner of the restaurent knew what I was doing, they may not be terribly co-operative ;-) Thanks,