I photograph price tags for my articles and am afraid that I may be prohibited from filming in the store
For writing articles, I often use shots taken in a store. Of course, I don't really advertise that I'm shooting the product. I still feel somehow uncomfortable. In general, I do not like to attract undue unhealthy attention to myself, so I take pictures on the sly.
Is it legal to shoot
But I am somehow tormented by the question - am I acting legally and am I not violating someone's rights? Therefore, I decided to check this by asking the assistant prosecutor, who came to our work to check some area of activity.
When the prosecutor's office worker took a short break, I offered her tea. She, by the way, took out her cookie and said that she was treating us. But my colleague had to run away, she had an event. And I was left with the supervisory authority, so to speak, one on one.
It was then that I decided to talk to her about photography in the store. And I learned that a customer in a store can receive information about a product in any way. For example, in the store there is no time to study the composition, or the small print interferes. You can take a picture and calmly examine and study everything at home. Therefore, product photography in the store is not prohibited.
If one of the employees interferes with photographing, prohibits it, or, worse, uses force, then he violates the Federal Law "On Information, Information Technologies and Information Protection" of 27.07.2006 N 149-FZ.
What shouldn't be photographed
You cannot photograph only people. Including, guards, sellers, other buyers without their consent. But you don't need to get their permission to shoot shop windows and counters.
It is also forbidden to take pictures of office and utility rooms, since they are not a place of general access and here another right comes into force - about commercial secrets. The ban on filming these places is completely justified.
You should also be careful when photographing in small shops. Employees can say that this premises is private property and there are internal documents prohibiting filming. Of course, this is complete nonsense, since any store that sells with free entry of buyers is a public place, and not a closed private territory. But a scandal can be provided.
But in those stores where they sell piece goods, art objects and goods made exclusively, it is worth asking permission. Copyright law may be violated here. But, of course, this only applies to the case when the shooting is for plagiarism. Conversely, many shopkeepers will approve of filming for posts on social media, because this is also an advertisement. But you have to indicate the location of the shooting.
In the store, no one has the right to search the person who was filming, check the pockets of his clothes, demand the removal of pictures, or detain him against his will. And, of course, no one except law enforcement officers has the right to use physical force. And employees already know their rights and opportunities for sure and will not risk it.
This is the kind of conversation I had with an employee of the prosecutor's office. A very nice woman, especially when she's not checking my line of business. Kidding.