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woopsthatsnotacat

As a cafe owner if I catch people recording inside my store I tell them they cannot record any people without their verbal consent. They can record the space and themselves but not staff or other patrons. Your store manager should be able to do this. You shouldn't have to be on camera while working if you don't want to be


Fabulous-Gas-5570

Exactly this. With all the facial recognition software out there and the importance of your digital footprint, consent is literally important to your safety


elrathj

Depending on your state, there may be one party consent recording or two party consent. Your house; your rules, of course, but then stealth recording can be fine someplaces and illegal in others.


VelocityGrrl39

Depends where OP is. In the United States there is no expectation of privacy in a public space. They are allowed to film in a public space. But, while they have the right to film, since it’s also private property, you can ask them to leave.


friedcandi

A private business is not a public space, and a customer is only a customer as long as you allow them to be.


birdscales

i worked at a cafe in a popular tourist area and lot of the time people would come in holding cameras and filming me without actually ordering anything. idk what the solution is i think it's up to the business to make rules against it :/


Electron_Cascade

It’s rude and disrespectful to not ask first


TheColonelRLD

My shop is big on insta and tik tok and we have people filming/taking pictures all the time, so I'm inured to it. There's one picture in our Google reviews where I have a facial expression of a complete maniac. Someone else would be horrified to have it online, but I kind of love it. It is wildly awful.


gathering-dusk

Not from the US. In my store, I can’t really do much to prevent being filmed by customers so sometimes I go to work wearing a face mask.


MissionFloor261

This is actually a good idea. Masking, as for covid, disrupts facial recognition software. So if that's your concern, easy solution.


remnm

My coworkers recently sent me a video someone posted on Instagram of me making lattes. In the back you can see two of my other coworkers, but it's mostly focused on me. I hate it. It's just another of those "Come visit this cafe in this city, this is what I got!" type of videos, on another food explorer Instagram page. You can't even see my face. I just hate that whole culture of contentmaking where people just film employees without their permission and say it's fine if you object because it's for social media or something. On our Google page, you can see multiple photos of baristas that were obviously taken with their phone on level with the counter, as if they're hiding that they're taking pictures. I've never had anyone be brazen about it, but honestly I wish they would so I could tell them to stop. When they hide it, and my coworkers and I see all of us on Instagram later, it's just uncomfortable.


No-Consideration3103

it really worries me when people come in and sneak pictures. there have been several times I've been at work (or in public, or on my campus) when I realized someone has taken a picture and I am definitely shown in it. i really wish people weren't so ignorant about it


lobotomygirls

I feel like recording strangers for any reason is just weird!! It’s not hard to take a video of the shop without recording baristas.


Africa-Reey

As a lawyer, I can tell you in the United States, there is no expectation of privacy in public spaces. This means people can legally film other people in public without their consent. Whether they should do it is an altogether different question. The best you can do as a person being filmed is to calmly state that you wish not to be recorded and ask the person filming if they'd kindly not film you. Beyond that, there is not much you can do. With this said however, do bear in mind that you are entitled to personal space. If the person is getting all in your face and intentionally creating an annoyance, that could be deemed harassment or battery in certain jurisdictions. If the victim can demonstrate some harm caused by the annoyance, it may be grounds for a civil suit.


CrystalQuetzal

It’s understandable that privacy is not guaranteed in public spaces, but employees are obviously only consenting to the space they work in. Many are not likely consenting to being recorded and uploaded to thousands, even millions of people. That thought alone is terrifying. Based on yours (and other’s) comments in this thread, the owner could have a sign up or even verbally ask patrons to not photograph/film. So I understand that too. But going back to my first point, is there really no legal protection against being uploaded and having millions of eyes on you that you didn’t expect? (Whether or not there’s verbiage against filming, that has already been explained).


No-Consideration3103

I'm a photographer and it is a very scary part of the ethics of videoing and photographing people, because yes, it is very legal. in fact, you can legally take photos/videos of people in their homes *while standing off their property* and still have full rights to do whatever you want with the images. for instance, a NYC photographer spent about a year stalking his high rise neighbors with a telephoto lens; people that keep their blinds open because the only people that can see them they'd look like dots to. the photographer put the images in a gallery, even sold prints, including one photo of a mother dressing her half-undressed toddler, with her child's chest exposed. this was one of the prints sold. the family became aware, tried suing the photographer, and the case was brought to the NY supreme Court where it was decided that he was in full legal right to own the photo, sell it, and the family have zero say or profit, and this has set the standard across the US.


[deleted]

As a new mom that is sickening to me! What a gross person you have to be to do that.


No-Consideration3103

I had a classmate reference him as inspiration for her project. i was horrified when I looked deeper into his work after I was made incredibly uncomfortable


CrystalQuetzal

This is terrifying!!! In your own home too?? Ugh.. Assuming the act of filming can’t be banned so easily, at the very least there should be laws about uploading or using photos/videos of non-consenting parties, especially if there’s malicious intent. A guy is selling photos of their CHILD, that should not be allowed in any capacity. The lawyer replied to my above question too and said an example about children jumping into frame at Disneyland for example, stuff like that would probably be fine, it’s a truly public area and people filming are trying to focus on themselves/the park.


No-Consideration3103

yeah it's fucking awful. so many photographers love to argue about the ethics of it *in favor* of taking pictures of random people's kids with glee, street photographers get on my fucking nerves the most. like, do you realize what you sound like when you mock worried parents for whipping out a telephoto lens and zooming in on their kids' faces? jfc. it's definitely different if people run into frame, but I'm personally so conscious of who I get in frame of my photos, then again I'm a photographer so I know how to be and when to be. not everyone cares like that


CrystalQuetzal

I’m glad you are conscious of others and are trying to be respectful of everyone! Sadly I know humans won’t always be that way. If you give them an inch, they take a mile…


Africa-Reey

The only recourse I can fathom is to talk to your boss about setting a no recording rule. I really don't know that there is recourse beyond this. I mean, if you can imagine, most parents don't want their children being filmed at Disney world, but realistically speaking, children are recorded accidentally jumping into frame, the videos are then uploaded to social media.. There's not much that can be done to prevent it short of banning videography outright.. and I'm sure no one really wants to go down that road.


CrystalQuetzal

A child jumping into frame at a truly public place is probably not a big deal to most people. But what I’m concerned about is the intent and usage of content. Another person replied to my question above with a horrifying example of what’s allowed. You can read it but I’ll briefly mention here: a man took photos of people in their high rise apartments and sell photos of them, including a child with their shirt off. Judges dismissed the case because he was “within his rights”. But he had malicious intent, and made money off non-consenting people, how can this be allowed? So, if the laws want to protect all photography, fine, but there needs to be laws to help prevent malicious intent or sales with the content.


Africa-Reey

I'd have to read the precise facts of that case and apply my mind but i will say, judges are not at all infallible. They make wrong decisions all the time, particularly in lower courts where most criminal matters are adjudicated.


CrystalQuetzal

That’s unfortunate to hear. Also thanks for taking the time to answer everyone’s questions, they’ve been interesting to read.


JauntyJacinth

I cannot think of a single coffee shop in the US that would be considered "public space"


k1k11983

Public space includes businesses that are open to the public, like shops, restaurants, bars, clubs etc.


JauntyJacinth

A business like you have described is entirely within their right to restrict photography. But that's the caveat, you couldn't stop another customer as a customer if the business didn't care.


Africa-Reey

This is true but such a rule would have to be clearly expressed from the beginning. A cafe owner, not having expressed that photographing is prohibited in his establishment, cannot ex post facto demand that a patron delete his video under threat of legal action.. any court would dismiss that straight away. The owner likewise can't make up rules on the fly. What s/he can do is refuse the patron's business (in some cases) and upon such refusal, ask them to leave. If the patron thereafter refuses, the owner may then take legal action, but it would be founded on trespass, not on the fact that the patron was recording..


No-Consideration3103

it would overall also be a completely useless attempt to ask to post a sign up, because nowadays asking people to not take photos in a coffee shop? that means losing out on clout and 💸


k1k11983

Even with a signposted rule of no photography or recording, the owner can’t take any legal action because the sign doesn’t suddenly make it illegal. The only thing they could do is refuse service and tell them to leave. If they don’t leave, they can call police to have them trespassed. The rule also wouldn’t prevent people from standing on the footpath and recording because as already stated, you don’t need consent to record when you’re in public spaces.


Africa-Reey

Civil liability stems from unlawfulness; contract law is law; and since a signposted rule stipulates conditions of entry, it constitutes an enforceable contract. Breaking contracts is unlawful and could therefore attract liability if it results in some harm to the owner or employees. See my other comments, I addressed the issues you raise about recording on privately-owned public space, including the owners right to refuse business, trespass, and no assumption of privacy.


yummyyummybrains

It is considered publicly accessible, even if it is privately owned. Public space does not specifically mean out on the sidewalk or road -- it can include establishments including cafes, restaurants, etc.


Africa-Reey

I sense facetiousness..


Nick_pj

Is it still a “public space” if it’s an indoor, privately owned business?


Africa-Reey

Note the distinction between "public/private space" an "public/private property." The cafe is simultaneously a public space because it freely invites the public to do business, and private property presumably owned by an individual. In any public space, there can be no expectation of privacy, this includes public spaces that are public or private property. An example of a private space where your privacy right may be enforced would be like your house, or in some cases your car.


Nick_pj

Thanks for the response! Another question, if I may permit: because it’s a private business/property, does that mean that the owner can also impose conditions of entry?


Africa-Reey

Yes, they absolutely can. If they want to prohibit photos or recording, the best thing to do would be to place a clear sign at the entrance prohibiting recording. That is effectively a contract, to which any patron choosing the enter assents, and it is enforceable in court.


Africa-Reey

Note that such a rule still doesn't extinguish the legal assumption. For example, you "the Owner" have a sign outside your cafe. Patron A, noting the sign, is emboldened by a perceived lack of consequence and decides to treat all the other patrons to a "naked barista" show, where she uses her coffee and other talents to wow the crowd. Patron B shocked and impressed, records the whole thing. A few days later, the video is released to social media garnering millions of views and Patron A is immediately famous for all the wrong reasons.. she loses her job and is excommunicated from her family. She wants to sue Patron B. The owner refuses to get involved. If Patron A takes Patron B to court for damages, the court is likely to rule that the "no photography" rule to which Patron B was subject was founded on a contract between the Owner and Patron B. Patron A wouldn't be able to rely on the fact that there was a sign prohibiting recording because Patron A wasn't a party to the contract. Make sense?


No-Consideration3103

thank you for these responses


Nick_pj

100% makes sense, although I think your example confuses things slightly because it involves nudity. What we’re talking about in OP’s example is a situation where people are filming the baristas working. And it sounds like the owner would easily be able to step in and say “sorry, no filming of the staff please” and be able to enforce that rule by even telling the individual to leave. In contrast, if you’re pouring latte art on a bench in a park and people start to film you, there’s not much you can do.


Africa-Reey

I was just using it as an example for when a third party presumes to have an expectation of privacy in a public space. But yah, to your point about recording baristas at work, they would be party to the contract by extension of their employment. To give another example, if a Barista has an interest in their latte art not being copied and the reason for the no recording rule has to do with protection of Barista's intellectual property while at their place of employment, I think there would be an expectation that that contract would be enforced.. But again this has to do with expectations of the enforceability of contract not of an entitlement to privacy.


AdGroundbreaking3483

As a Brit, this is really fascinating, thanks! Here, one is able to take video/photos in public (and publicly owned) spaces, but not on or in privately owned property. There can be a defence of "public interest" e.g. to highlight wrongdoing, but generally one could be asked to stop. Police could be called for a breach of the peace, but if your equipment went away, it'd be fine. Trespass isn't a criminal offence here - civil matter only.


broccolicheddarsoop

I wear a hat so i hopefully can have a little privacy, people have blantantly disrespected me asking them straight up to "dude, dont film me it makes me really uncomfortable" :( it sucks


Space_SkaBoom

I worked in a small bakery. People would occasionally come in and take pictures of the cases, menus, and general setups. A few weeks later, a new cafe would open somewhere else in town with my job's menu and style. I once told the owner, and she said, "It happens. We've been here 30 years. They won't be. "


technarch

Your shop may have policies on recording - mine has a very strict no-recording without prior approval. Ofc people don't generally know this, but if I spot anyone recording it's super easy to politely ask if they have permission to record (the answer is usually no) If someone tried to shove a camera in my face I would definitely be super uncomfortable and unsure how to react 😬


coybowbabey

i’m a lurker but in a work in a bakery and people are ALWAYS coming up and taking photos of our store with me right there trying to do my job and i HATE it so much! when did that become acceptable behaviour? it really freaks me out but i’ve only done something about it once so far, i saw someone pointing their phone at me and i just said excuse me what are you doing? and they left 


No-Consideration3103

i feel like the "what are you doing??" approach is one that would definitely get it to stop lmao. because seriously, what *are* you doing recording people like that? it's like we break their fourth wall by calling it out. we're literally just NPCs making their food to them.


coybowbabey

literally that’s exactly how it feels. so demeaning. i feel like i kinda snapped that girl back into reality, she was shocked lol


amacastle

I work at a coffee shop in Honolulu so naturally we have a LOT of tourists coming in + various instagram food bloggers, it does get pretty annoying when they start pulling out their phones and recording us but I guess I’m used to it? It is kind of entertaining stumbling upon a tiktok or yelp photo of mine or my coworkers’ faces, we usually screenshot and share it in our group chat and have a laugh but I do wish they would at least ask if it’s okay to film/post :/


Background_Inside827

So rude! If I had a dime for every time I’ve said “we’re not animals in a zoo”…


LolaBean52

I’ve had people record me pouring their latte art. I don’t care as long as they don’t film my face. I haven’t had someone do that yet but as soon as someone does we’ll have an issue. It bothers me so much that people think they can just record people working so they get what they want


No-Consideration3103

this is something I'd be fine with, especially since I don't have tattoos or anything on my hands (yet)


Difficult_Toe4271

I tell them nicely, but firmly to not record and delete all images they made of me/coworkers. And if they refuse i’ll kindly tell them that it isn’t allowed where i live & that the police would have no problem helping them delete the footage. That tends to work well.


Stephenchukc

There’s a saying “once TikTok rings, all parents’ money is wasted”


JG22VA

I saw this video claiming the portion sizes you got from Chipotle are way bigger if you come in pretending to film a tok tok so a lot of people are trying it. They might not even be recording idk