Larry Lessig points out some incidents at locations of Starbucks in which patrons tried to take pictures in the establishments (just pictures of friends, since they were hanging out there), and:
The manager evidently careened out of control, screaming at them,



Re: Can you copyright an "environment"?
What would be the rules in your own home? I guess I wonder about the definition of 'public/private' property here. If several months ago, a mall could kick two guys out for wearing anti-war t-shirts (ridiculous as that may have been), then why can't Starbucks have a policy like this?
One question is...would a "private property holder's "policy" stand up in a court?
Re: Can you copyright an "environment"?
Many years ago, I worked for a very successful independent bookstore. The owners had the same rule about cameras that Starbucks apparently has. The rationale then was that the physical layout, etc. amounted to marketing strategy, which they apparently believed was proprietary in some fashion. I never quite believed it, but it didn't bother me greatly. Of course, nobody at the bookstore ever acted like an irrational jack-booted thug about it, either. I'm not sure whether there's legal justification for it, but I don't think it's new, either.
Re: Can you copyright an "environment"?
Remember also that malls regularly restrict photography and videotaping. I know that in Minnesota, home of the MALL OF AMERICA, cameras and videocameras are strictly prohibited--odd in a mall that gets much of its business from tourists.
Re: Can you copyright an "environment"?
Yeah, but a lot of places have "no photography" rules because they don't want to drive potential customers who don't want to be photographed away, not because the photographer can't reproduce elements of the environment without the express permission of the corporation. That's the difference I'm seeing.
Re: Can you copyright an "environment"?
Good point. I would say that if you are in a private establishment, they would have the right to say no photographs. After all, it's standard in many casinos.