Legal Question in Securities Law in California

Mall Legalities- taking photographs in malls/boutiques

Can you please explain the legalities of taking photographs both inside and outside malls (on mall property)? In addition, are there any laws limiting photographs inside/outside privately owned boutique and other small chain retail locations?


Asked on 2/18/03, 5:57 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Mall Legalities- taking photographs in malls/boutiques

generally speaking, malls are private property and you may need consent to enter the mall for purposes not associated with the mall's business use. in other words, malls are not public forums but rather private property. however to photograph outside of the mall or shopping center from a sidewalk or other public areas may not be an invasion of privacy if you are photographing for non-commercial purposes...meaning you are not making money off of the pictures taken without the store's consent. if the pictures are just for your own private use or are newsworthy per se, and not for commercial gain, you should be well within your rights to take such pictures outside of private property and from a public area. if you would like additional information, feel free to email me more facts on your situation. finally, this would not be deemed securities law, but rather constitutional, tort, and/ or real property law.

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Answered on 2/18/03, 6:08 pm


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