Photograph

[pancake101]

Hi

I am not too bothered but wondered what the position would be if I was.

A picture of me has come up on a review of a place I go for coffee regularly ( it serves the best coffee!!) someone took the picture which shows the folk behind the counter, cakes and I am sitting in front at a table drinking my coffee . My face is not shown, as I remember the chap who took it and I turned my head but to anyone local its quite obviously me.

I was not asked, neither the workers - they would have said, if you want a pic then don't include me, we will move - or take it and dont put it on social media.

I could report the picture but not sure that would achieve anything or not as I am no one directly facing the camera. I assume it will soon be swamped under more photos but just wondered what the course would be should I be totally offended that an unwanted picture that I gave no permission for is on the internet for all to see!

TIA Pancake

[staffordian]

As I understand it, there is no particular right to privacy in a public place, so I doubt you would have any legal options.

I suppose it is similar to TV pictures or newspaper pictures of crowds or similar. No-one in those pictures has any say on whether they want to be included.

If it were a posed publicity shot used by the business for advertising purposes, I think it would be a different matter.

I'll be interested to see what others believe.

[redsturgeon]

Indeed there is no right to privacy in a public place. Since your face is not shown then I doubt whether you have any legal redress in terms of insisting on its removal but I'd suggest a polite message to the poster would probably result in it being taken down.

John

[Slarti]

Indeed there is no right to privacy in a public place. Since your face is not shown then I doubt whether you have any legal redress in terms of insisting on its removal but I'd suggest a polite message to the poster would probably result in it being taken down.

John

Is a coffee shop/cafe a public place?

You have no right to be there and can be excluded at any time, so ... ?

Slarti

[redsturgeon]

Indeed there is no right to privacy in a public place. Since your face is not shown then I doubt whether you have any legal redress in terms of insisting on its removal but I'd suggest a polite message to the poster would probably result in it being taken down.

John

Is a coffee shop/cafe a public place?

You have no right to be there and can be excluded at any time, so ... ?

Slarti

It's a grey area...you can be asked to leave or you can be told not to take photos...but in the absence of that then you are fine. On the other hand places like Trafalgar Square require special permits for some photography as do the Royal Parks in London.

John

[DrBunsenHoneydew]

The Trafalgar Sq, Parliament Sq and Royal Parks are restrictions on Commercial photography through specific Byelaws.

Privately owned restaurants and bars are considered public places in most legal definitions because the public is invited into the establishment.

Similarly, supermarket car parks are public places so you you need motor insurance there, notwithstanding their being private land.

[johnhemming]

In this country the copyright in a photo of someones face rests with the photographer. The situation in some other countries is different. It is courtesy from the poster which might get it removed.

[stewamax]

A public place or space is defined as any highway and any other premises or place to which the public have access, whether on payment or otherwise.

They have an implied licence to be there, but the owner (who may be a private individual, a company or a public authority) can set conditions for that licence. If they decide to ban photography, then photography is banned although visitors must be informed. Public authorities apart, breach of such a condition is a tort (civil wrong) and not a criminal act.

If I use the coffee-shop’s car park and the park has large notices giving me two hours parking during opening hours with overstays subject to a penalty charge*, I am accepting their condition, even though the car park is a public place during those hours.
If entrance to the park is physically possible (i.e. no barrier) outside opening hours, I do not have licence to be there and the owner could take all reasonable steps to remove me and my car without notice

So the general rule is that unless I am told otherwise, actions that are considered reasonable (and legal...) in a state-owned public place (e.g. the highway) are also acceptable in a public place owned privately. It may, for example, be reasonable for me to turn cartwheels in the market square but it would be unreasonable in a cafe. And the local authority may have a bylaw restricting me to five cartwheels an hour.

<pedant>
* - which becomes a contractual obligation rather than a tort
</pedant>