Photography in Santana Row is a Crime

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Photography in Santana Row is a Crime

by admin

One of the popular spots in San Jose is this complex called Santana Row. It’s an upscale shopping mall and apartment complex located near Campbell. The architecture is beautiful, the restaurants are great, and the rent there is expensive. As it’s a great place to live in for young people, several San Jose Sharks and San Francisco 49ers players live there. It’s a fun area to hang out at, and I thought it would be a good place for some photography.

It turns out it’s not. Photography in Santana Row is not allowed, according to the security guard who approached me shortly after I pulled out my camera to take some pictures of this wall of color in one of the alleys (pictured above). He stated that it’s a private property, which is it is, and that the management of Santana Row insisted that no pictures of the exterior should be taken.

I respect their rights and I stopped taking pictures without too much arguing. The whole property is private, including the sidewalks.

But what a stupid decision by the management.

Why is that a crime to take photos there, especially since the owners spent so much money on architecture of the place? What evil will my pictures do to their business that I shouldn’t be taking them?

But one thing is certain. After that experience, I’m not spending a single dollar at Santana Row.

Published: May 28, 2010

Filed Under: Places to Photograph

Tags: crime : not allowed : photography : santana row

http://www.whirljack.net/jeremybrooks Jeremy Brooks

From the Legal Rights of Photographers pdf at http://www.andrewkantor.com/useful/Legal-Rights-of-Photographers.pdf

“You can legally take pictures when you are on private property, if that property is open to the public (e.g., a mall or office complex).
Perhaps a better phrase is: If anyone can see it, you can shoot it.
You do not need permission to take pictures. The answer to the question, “What law says you can take that picture?” is “You’ve got it backwards. What law says I can’t?”
All that said, there are two important caveats.
1. While there are few exceptions to what you can photograph, there are exceptions to what you can publish. (More on that in a moment.)
2. Although it is legal to take pictures while on private property, you could still be guilty of trespassing if the owner of that property tells you not to, or if he demands that you leave.”
http://www.storyofmylife.com antje wilsch

Wow, learned something today. Santana Row is very well designed, you’d think they want MORE pictures out there (not just “perfect” ones they control). Interestingly I have a friend in Brentwood, CA where they just developed the 2nd “Santana Row” and it’s HIDEOUS – it’s like they played a joke on the city of Brentwood “nyah nyah you are not as good as Palo Alto”. No pictures woudl ever want to be taken of the 2nd Santana Row.
Stefan

Yeah that sucks. I was really surprised to see your great photos of this colored wall at Santana Row as I was aware of their stupid photography policy. So I was hoping this has changed – but apparently not. Since it is private property there is not much to do about it other then spending your money somewhere else. That’s what I decided some time ago.
Ivan Makarov

@Jeremy –
Thanks for sharing this. I didn’t know that, and I bet most security guards don’t know that either. They’re just doing what told because if they don’t, they lose their jobs. I’ll keep that in mind for the future. I still came back and took some pictures later, but I wish I had the freedom to do that whenever I want.

@Antje –
Yes, the architecture there is great. That’s what gets me puzzled why would not they not want the world to spread a word about it. I’d probably be even more upset if I lived there. Funny about the second Santana Row.

@Stefan
That place is very overpriced anyway. I’m not sure why people go there. There are few good restaurants, like Theo that you referred me to, but that’s about it. I’ll stay away in the meantime.
Tom Walker

Having been in the security industry once upon a time, I guarantee that the people who try to shut stuff like this down often don’t really know what the law is, and in most cases one can just wait awhile and continue with one’s activities when the guy moves on. Perhaps there is one, but I’ve never seen a sign posted there which prohibits photography. And these days, pretty much everyone with a phone has a camera, and everyone takes pictures, so such policies have largely become comical.
Ivan Makarov

Tom –

I’ve never seen anyone taking a picture with a P&S camera or a camera phone to get harassed. It’s always those evil people with big SLR cameras. I still don’t understand why it makes it any different, but that’s what usually is the case.

I hope that time passes.
http://ingomeckmann.com Ingo Meckmann

Ivan, it’s a shame. You shot some stunning pictures. We all should buy Leica’s and we wouldn’t be bothered anymore…
Tom Jones

Where exactly were these shots taken? I looked around in Street View and couldn’t find those colorful walls.
Ivan Makarov

Ingo – that’s actually a good reason to. It’s the same thing in Kremlin – they allow P&S photography, but not SLR.

Tom – I’m not exactly sure, but I think the GPS coordinates are 37.320548, -121.947411. It’s second or third alley on your left if you enter Santana Row from Stevens Creek Blvd. The alley is not on the map, so Google didn’t put any photos of it, but you’ll find it pretty easy if you remember it’s close to the entrance on your left. It’s actually a wall of one of their residential buildings.
Tom Jones

If that’s the one across from Alyssum Lane, it’s unfinished in the Google street View. Just as well, I have no reason to go to San Jose, anyway!
(Maybe the Winchester house…)
Ivan Makarov

Tom – not sure if that’s the one, but it’s in that neighborhood somewhere nearby. You know what it looks like, so you’ll find it next time you’re there.
siri

This wall is adjacent to the anthropologie store! I recently moved to the row, I start usually at 10 in the morning and go on for a shoot for about an hour or two..no one stopped me though. No one even knows that I live here.

Ivan Makarov

Siri – Glad to see you were ok taking photographs there. Maybe I met a wrong security guy?

And no, I don’t have an older relative in the area.

siri

BTW do you by any chance have an elderly relative in the bayarea? because I was taking a few photos of this very wall(on july8) when an elderly woman approached me and said that she had a nephew very much into photography and had taken photos of this wall in different angles!
http://picasaweb.google.com/vijaygkrishna/SantanaRowWall?authkey=Gv1sRgCNTosr-sxZGCOg#
colleen pusateri

I love your pictures of this wall. My husband did the painting for this and we truly appreciate your photos of it.

Ivan Makarov

Wow Colleen – thank you for sharing. What a beautiful piece of artwork. I consider it as one of the highlights of Silicon Valley.

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