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Questions about law/legal issues affecting photographers

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6
votes
3answers
564 views

Is modifying an animal photo for use as an avatar icon within fair use?

I found an animal photo I'd like to use as an avatar. I only want to use the head of the animal and would retouch it a bit. Is this considered as fair use?
6
votes
6answers
522 views

Can photographs from a client shoot, but not accepted by them, be used for stock photography?

I have a number of photographs from a recent client shoot that they don't wish to use. Could these be sold by myself as stock photography? For that matter, would it be considered to be ethical to do ...
6
votes
2answers
379 views

Why do event organisers have the right to restrict the activities of photographers?

Many public events such as sports, concerts, etc have restrictive policies that limit the ability of the audience to take photographs. These policies can vary from an outright ban to a ban on the use ...
6
votes
2answers
301 views

Has there ever been a ruling on the necessity / legality of a property release for non-trademarked property?

While this is a legal question, it's an area often broached by photographers: that of the property release. An individual's right of publicity is widely recognized, and obtaining model releases from ...
6
votes
3answers
360 views

What are my rights as a press photographer?

Okay, I'm not actually a press photographer. However, I just ran into this article (via dpreview) calling for the boycott of a concert because of contracts that deny photographers much of their ...
6
votes
3answers
5k views

Where can I find a sample print release form for business/commercial photographs?

I photographed a business portrait session a month ago for the first time, and need a print release to go with it. The print release I have now is for personal portraits and states that the images ...
6
votes
1answer
118 views

Can I give a company a two-year license to product images, in the U.K.?

I am shooting products for a company. I wanted to know how I can give them just a two-year right over my images to be shown in the catalogue. Is this possible? Does this come automatically with ...
6
votes
2answers
1k views

Do I need to copyright or license my photos to sell as cards?

I would like to sell my pictures as cards. Do I have to get my photos licensed, or is it better to copyright everything to the fullest extent? I don't want to give up any of my rights to the photos.
6
votes
1answer
437 views

What workflow should I use for managing model releases?

Managing and collecting model releases might become a tiresome job, specially for hobby photographers like me. Asking a stranger to sign a paper might become trick in most cases, specially in a 3rd ...
5
votes
3answers
266 views

In Connecticut, do employees have rights to photographs of themselves?

In Connecticut specifically, if an employer hires a company to take photographs of their employees (headshots with nothing in the background that may be considered company property), do the employees ...
5
votes
3answers
439 views

Does offering an embed feature violate copyright law?

I know this is not a legal site, but this is closely related to photography so I hope this question can stay here. I am the owner and founder of a wildlife photo site, which I'll only plug here ...
5
votes
3answers
805 views

What are the laws in Australia surrounding photography in public places?

Occasionally I see references to laws (in multiple countries) where you need a "professional photographers license" or something similar to be allowed to use a tripod in public places. I am new to ...
5
votes
3answers
200 views

When do I have to give credit for the arrangement of photo I took?

I was at a friends wedding and I was taking pictures while a photographer was there. I uploaded my pictures and put my own edit on them. Now she is asking me for credit for the pose and styling. Do I ...
5
votes
4answers
834 views

How can photographers protect themselves from being sued?

Le Corbusier have just successfully (which means they won) sued Getty images for selling stock photos that contained furniture they created. In response Getty has requested of all its users that they ...
5
votes
4answers
1k views

Is it legal to stop me from taking photos in temples in India?

I live in India, in the state of Tamil Nadu. Here, some temples do not allow visitors to take pictures or videos. Is that legal, to stop me from taking photos? So many adventures and lovable statues ...
5
votes
4answers
1k views

Where can I host my pictures for free without giving up rights? [closed]

I want to host some pictures at low cost (less than flickr). I have come across Shareapic and Imgur. However, imagur strips the meta-data off of uploaded images, and I couldn't find much information ...
5
votes
2answers
1k views

Publishing photos in UK

Does anyone know the legal aspects for the following situation? At a sports competition someone took photos of me. They have since posted them on Facebook and on a commercial website, where anyone can ...
5
votes
2answers
197 views

How do I handle international copyright violations?

After the disappointing news regarding copyright rules recently, I thought I'd check to see if any of my images were being misused, too. I found one of my images apparently growing legs and wondering ...
4
votes
2answers
213 views

What determines who owns my photographs?

I work for a California university as a writer and web developer in an insect science department. My job description also includes photography (mainly of faculty and their projects), but the ...
4
votes
3answers
238 views

Do I need permission from the photographer to use images taken of me in my personal portfolio?

I am a paid model, my work comes from both agencies and portfolio websites such as purestorm.com. Photographers pay me to take photos of me and my question is am I allowed to use these images on a ...
4
votes
2answers
592 views

What legal restrictions are there on the use of logos in photos?

This question is similar to my other question however this has to do with Logos. If I am in public (on public property) and take a photo that has a recognizable company logo in it what rights do I ...
4
votes
2answers
1k views

A Marketing Firm wants to buy non-exclusive rights for one of my photos, what should I charge?

I was contacted by a marketing firm in Canada requesting that I give them a quote for non-exclusive rights to one of my photos. The the firm does marketing for the company that makes exterior ...
4
votes
1answer
171 views

Model Using Photographs Without Permission?

Model releases are often discussed where the photographer needs the model's consent to have the photo published/used commercially. But what about the other way around? Can the model use the photos the ...
4
votes
3answers
4k views

What smartphone model release app do pros use?

I am looking for an app that will help me with model releases. I have come across Easy Release which looks like a great product yet what are the pros using when it comes to shooting the photo and ...
4
votes
2answers
4k views

Where can I find a release form for using clients' photos on websites and on promotional materials?

I am looking for a release form so I can use pictures I took of my clients on my website and on promotional material. I have no intention of selling the photos. I have no idea what to even google. ...
4
votes
1answer
1k views

What are the laws in the United States concerning photo printing copyrights?

My wife and I wanted to save money as we were preparing to get married a few weeks ago, so we had my sister take our engagement photos with my Canon EOS 7D. She's not exactly a professional ...
4
votes
2answers
295 views

Can I be required to delete a photo from my phone?

Recently during a performance at a theater (in the US) I took a photo of the stage during intermission and was warned not to do so by a member of the staff because of "copyright issues". I apologized ...
3
votes
3answers
256 views

Can I legitimately create derivative works from re-blogged source material?

I've searched around without finding exactly the right answer--and I already know no answer here speaks for the final-say, legally. I'm just looking for general rules of thumb pertaining to my ...
3
votes
3answers
527 views

In Canada, who owns the copyright to a photograph that has been taken by a hired photographer?

According to The Canadian Copyright Act (R.S.C., 1985, c. C-42) Section 10.2.a states: (2) The person who (a) was the owner of the initial negative or other plate at the time when that ...
3
votes
3answers
3k views

When do you need a model release?

Revised Question: After a bit of a think I realised that this question can also be asked the other way round and much more simply: In what situation(s) have you required a model release? Original ...
3
votes
1answer
358 views

Is it a printer's responsibility to determine copyright?

I have run an "on the side" mail-order high-end photo printing business for a couple of years now, and have printed all sorts. I have considered this before and have drawn up my own conclusions, and I ...
3
votes
1answer
226 views

Why are residents of some states not allowed in National Geographic Traveler Photo Contest 2012?

There's a weird rule which says "New Jersey, USA" residents may not enter among other countries and states. Does anyone know why? The contest link.
3
votes
1answer
413 views

What are the differences between photography laws in USA and France?

I am familiar with United States laws regarding photography in public places, private land, etc. But I would like to understand the differences between photographing in the US and in France. I am ...
3
votes
1answer
934 views

Will electronic or digital model releases or contracts hold up in court?

Are there any legal examples where a digital model release/contracts was upheld in court? I have read about digital signatures, but am curious in relation to how it works with, let's say, an app that ...
3
votes
3answers
306 views

What is a “Full Permission License”?

I just started selling some stock photography for commercial use, and one of my customers/clients asked for a "full permission license" I assume this is a document that would grant them the "legal" ...
3
votes
4answers
332 views

What is the legal consensus on “pinning” photos using Pinterest?

Imagine person A sharing a photo on a website publicly, for example on a community site like Flickr. Next, person B "pins" this on a board in Pinterest, without asking for permission. The same photo ...
2
votes
3answers
684 views

Can old photos be used in a self-published memoir without permission?

I am helping an older person self-publish her memoir. She has photos of students in plays that she produced in a school setting some 30 plus years ago. She cannot now track down these people to get ...
2
votes
3answers
181 views

What is the recommended pratice for publishing a photo subject's name in a caption, from public event, with or without release?

Additional question associated to this topic regarding photo releases at a public event ... What is the recommended practice regarding captions that could include a child's name (minor, under the age ...
2
votes
2answers
176 views

Doesn't the spread of photographs on social media fall under copyright infringement?

Everyday thousands of pictures (memes,celebrity pics, wallpapers) are shared by users like me on websites like Facebook, Twitter, Google+, Pinterest and many other websites. We get likes and shares ...
2
votes
2answers
421 views

What legal issues are there with selling photographs of white river rafting companies?

Are there any legal issues involved with going to a public river and taking pictures of white water rafters coming down the river? Firing them up to, say, a Smugmug Website for sale. More importantly, ...
2
votes
3answers
605 views

Copyright Was Released to All Images: Does this include all RAW photos?

In our wedding photographer's contract it states that she includes the "Copyright RELEASE to ALL Images" and does not specify to only the edited images. Do we have the right to demand the RAW image ...
2
votes
2answers
141 views

Is it legal to resell prints after framing them?

I've recently started a creative photography mounting and framing hobby. I own some really nice physical photograph prints of various people and places that I purchased over the years. These include ...
2
votes
2answers
1k views

Does Canon's USA lens warranty hold in India?

I have purchased a Canon lens in the USA from Amazon. Now I stay in India and am planning to sell that lens. The lens is in warranty period. Does the warranty still hold in India? (Are all Canon ...
2
votes
2answers
95 views

If you are shooting a movie/photo (non-profit or profit) with a willing person, should you get a contract signed from him/her?

I was wondering should you get a contract signed from the person who is interested in participating in the shooting as a subject.
2
votes
2answers
693 views

How do I make sure I keep rights to photos I take for a band?

Recently, a friend of mine asked if I could photograph his band to use as promotional material along with their newly-recorded album. They want to use the image(s) to send to record companies, put on ...
2
votes
2answers
79 views

Can I post a picture of a kitchen remodel we did for a homeowner on our website?

I have a question- I am a remodeler- we did a great custom kitchen remodel for a client- they were extremely difficult & unkind- all said and done it turned out to be the most gorgeous remodel so ...
2
votes
1answer
97 views

Is it permissable to share photos of recognized brands as nonprofit art?

I have read few blogs on this question, but many of them contradict themselves, and even some admit that themselves as it is such a contradictional issue because there can be different use cases that ...
2
votes
2answers
2k views

Is this type of photo manipulation still violating copyright law?

I am a photo student and I am doing a photo series on contemporary art. I plan to take pictures of contemporary art from printed books (photo of a published photo of an art work). And I will be ...
2
votes
1answer
341 views

Hong Kong legal issues when taking photos

Which part of Hong Kong law regulates the question where and I can take photos of people and what I can do with them later (i.e. when do I need a model release signed). I have checked the copyright ...
2
votes
2answers
1k views

Can you sell a photo of a hotel building or a sign of a public market?

I have two photos that I took while on vacation, one of the Public Market sign in Seattle and the other is the Sax hotel in Chicago. I have manipulated them in photoshop and am impressed with both ...