FYE: No Kids Under 18 Allowed Until After 4 P.M.
The bus-eating abominable snowmen that commandeered I-95 early yesterday morning flummoxed our plans to return to New York on the Chinatown bus. As we wandered through Union Station assuring our mother that we would take Amtrak, we came across this magnificent sign in the music store FYE telling kids under 18—presumably a key demographic—to keep away until 4 p.m. As our friend took a picture, a surly FYE employee sternly warned that we were breaking the law.
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(Photo: Robert Koeth III)
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When Media Play/Suncoast Music/Sam Goody closed up shop, FYE opened in the old Media Play stores with the same high prices for DVD's and Music. I am surprised they are still around. It is hard to imagine a company thinking I am going to open a store that is a mirror copy of the store that used to be here and I will make money even though they went out of business for lack of sales? Anyways, seems like they are turning away their main demographic.
As someone who works next to union station, I wish that the entire station would embrace this ban and extend the hours to between 8:00 am and 6:30 pm. Also, in addition to youngsters, tourists should be included in this ban. Perhaps this would negatively affect Amtrak's business operations, but it's not like they've had a positive cash flow since the 70s.
@forgottenpassword: Union Station is FAMOUS in DC for having people arrested for photographing things. There's no law being broken and photography is protected by the First Amendment, but it happens anyway. I guess if you're photographing things you're a potential terrorist that they should arrest for trespassing.
The sign is pretty funny, but it's need is even sadder. To often, when school gets out the students are little terrors who terrorize everything nearby. I used to live near an elementry school and at 3 PM every day these kids would mill around my front door doing God-only-knows.
Is that in DC? I didn't realize there was an FYE in there.
PS. technically taking a photo of their sign could easily be copyright infringement (hence 'illegal'). As lame as their sign is, and as moderately uncreative as it is, it still would likely be protected. Copyright protects ideas fixed in a tangible medium of expression. The precise word choices used here, along with the font and the sizing choices may very well be enough to qualify it for copyright protection... and at that point creating a copy of the sign (through photography) WOULD be a violation of federal copyright law. Of course, you're using it for news/critique so you'd be in the clear (say thank you to fair use). People asserting that 'there is no law' aren't really correct. If you were taking photos so you could recreate the sign in your own store, you almost certainly would be violating the law.
@RumorsDaily: Strict copywrite infringement isn't a criminal act. You can be sued in a civil case though. The FBI warnings you see at the beginning of movies are special allocations under law for those types of media.
Also, I don't think taking a picture of something in the public view would be copywrite infringment. Taking the sign and copying it using a scanner or (dare I say) Xerox machine would be infringement.
@stopNgoBeau: Right, I didn't say it was criminal, but it is potentially a violation of copyright law. It's still 'against the law.'
The fact that something is in public view is not a defense for copyright infringement when taking photographs of signs, sculptures, literature, artwork or almost anything else. The only thing it IS a defense for is for claims of copyright infringement when taking photographs of building designs in a public place.
Copyright over building design, 17 USC 120, has the following exemption:
(a) Pictorial Representations Permitted. - The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.No other type of copyrightted work has this exemption, hence the fact that something is in public view is not, by itself, a defense to a copyright infringement claim. You'll need to fall back on the fair use arguments, relying, presumably, most heavily on the "effect on the work's value" prong of the test.
It's Shakespeare isn't it? as in:
"Fye upon thee foul retailer, 'tis verily going to eat into your profit margins".
On a more serious note, if it is viewable from a public place then you can photograph it. So for example if you are standing on a sidewalk outside a Fye store on the high street no problem. They could perhaps ask you to move along and not block the sidewalk but that is all.
The question here might be if the station concourse is public? Places like malls are technically private property for example and if they clearly have a no photography policy clearly displayed they can ask you to move along. Otherwise you can assume photography is allowed. Of course in this instance it would have to be station security not store security doing the asking (politely of course).
@billbillbillbill: Mediayplay's prices weren't NEARLY as bad as FYE. I routinely got good deals at Mediaplay and I was disappointed when ours closed. I'm surprised FYE can even make ends meet with their $17 CDs.
@RumorsDaily: I'm not sure that you fully understand the range of works that are subject to copyright protections. As described in Section 102, [quote]Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.[/quote]
I think this was done to have a "legitimate" reason to kick out annoying teenagers simply because they are annoying teenagers rather than to prevent any stealing (although, I'm sure that's the excuse they'll give when asked). Granted, watching the loud, awkward mating rituals of teens is nauseating but can any of us say that we were perfectly behaved at all times when we were 16?
Turning away customers, even if they are bratty little twits, is bad business, especially if you're on the brink of bankruptcy. If teens are being annoying, all you have to do is walk over and ask them to stop being an idiot (or leave). I'm guessing everyone that works there is 18 or over and if you don't have to balls to stand up to a 14 year old, than maybe you shouldn't work where 14 year olds shop.
I'm sure the sign the was something the store management came up of with after a group of kids accidentally knocked over a display while shoving and loudly calling each other "fags" to get the attention of some cute girl on the other side of the store. Maybe their DM (District Manager) will see it and put a stop to it.
@RumorsDaily:
There can't be a copyright to this sign by FYE as both identical & similar signs have been used for years.
If there is a copyright violation, it's FYE that is the violator.
Plus, there is the fair use doctrine which allows you to quote from copyrighted materials. Photographing this short [38 words] sign would almost definitely fall into that category.
I guess no one here has heard of "swarming?" It's the delightful criminal tactic used primarily by teens and preteens. One kid will enter looking unthreatening to case the joint, then a whole swarm of them will enter the store creating distractions to make shoplifing by a portion of them easier.
In other words FYE should not be getting business from school age children during school hours without a parent present. THEY SHOULD BE IN SCHOOL. If they are not in school, and not with a parent, then they are TRUANT, hence troublemakers and potential thieves.
@Falconfire: The inside of a mall is not public property. The inside of a mall is not public property. Why do people make this weird assumption that every square of common space is public property?
@Antediluvian: I will! "Till" = where you put money in a cash register. " 'til" = slang for "until". This drives me insane, along with people getting insure & ensure and inquire & enquire mixed up.
Thank God these rules didn't apply when I was a minor. I started working young and I spent a lot of my extra income at CD and book stores in the mall; places like FYE. Even before I worked I would shop alone, probably starting around 12. I never caused trouble and rules policing minors would have really inconvenienced my busy parents and I.
There are a lot of little punks out there, but I am amazed at how many mature teenagers I see. A lot of them are more mature than people who are old enough to be their parents.
When I worked retail a huge amount of our income came from working teenagers. I realize that a lot of shoplifters are teenagers, but is it really worth losing this much business? Kids aren't going to ask their parents to accompany them into a store, they're just going to go somewhere else to shop.
@Quietly: These "rules" are selectively enforced. Usually the kids with backpacks that are loitering will be kicked out, the kid with the nametag from another store or who looks like they are shopping will not be bothered.
They just post the sign so people cant claim discrimination when they are asked to leave.
@katylostherart: if it was for truency, it should be 3pm, and exclude weekends (which i'm not sure if they take the sign down on weekends, but i'd bet not.
@Tracy Ham and Eggs: exactly.
re: photographers rights. anyone who enjoys taking photos in public (or in public on private grounds) should carry around this little sheet in their wallet
someone sent it to me after I has this ridiculous run in with a Safeway clerk.
[www.futuregringo.com]
@Televiper: Union Station is owned by the federal government, and the retail area is
managed by a private real estate company.
It is, technically public property, and you and I both own it.
@Fry: It's a music and DVD store. A business pretty much in its death throws these days. There is one at the Pembrook mall here in Norfolk but I've never been in it. I have bought a DVD or CD from a brick and mortor store in months.
This might be a real problem for this store and a problem that is detracting from its sales and legitimate customers with money to spend. If the store isn't making any money, they have to do something. I think this is targeted at the groups of kids that hang out in the stores and don't buy anything and possibly at parents who bring in large groups of kids and expect the store staff to supervise them. These stores can be dumping grounds for kids while parents shop elsewhere. I know the gamestops here are like that and it happens especially in the summer, parents just leave their kids there to play the demos for hours and hours on end. But the stores here are very strict about that, if a kid is there for more than 15 min without buying anything they are told to leave, if they don't leave the police are called for trespassing.
I hate FYE, they are even worse than gamestop. They charge 40$ for GBA games, which are out of date now. They never update their prices to reflect current price drops on video games. I didn't mind media play because it was a huge store and they did have good deals ALL the time here so I miss them as well. You just had to be careful not to buy the overpriced stuff and just buy the stuff that was on sale.
@jamesdenver: Thanks for that link to the "Photographer's Right[sic]" pamphlet.
I think I've seen it before, but I'm pleased to see it again (or learn of it for the first time; I can't wait for the Alzheimers to kick in fully so I can meet new people -- every day).
Something to put in the camera bag and link to on the cell phone.





















Who or what is FYE?