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Questions about law/legal issues affecting photographers

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6
votes
6answers
566 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 ...
3
votes
3answers
547 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
334 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
1answer
417 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 ...
10
votes
2answers
369 views

Are photo release forms required for old company-event photos?

Can I publish old company event photos (for a Company book that includes "Our History") without all the employees signing release forms? I'm having trouble even finding/contacting the old employees ...
31
votes
12answers
5k views

Why are tripods forbidden in some public spaces and how to deal with it?

Yesterday, I've been to the Britomart train station in Auckland, New Zealand, to take some pictures of that place. To do so, I carried my tripod with me. Aware of the fact, that some places don't ...
16
votes
4answers
3k views

What legal restrictions to photography are there in European countries?

I'm from Ukraine, and I know where I can shoot here and when. I had few trips to USA where I know it's very difficult to shoot on the street, without encroaching on someone else's private life. I ...
9
votes
2answers
532 views

Is it legal for me to sell a photo taken from within a store without the store's permission?

I shot some photos of a store's interior for a blog that was highlighting that particular store. Is it legal for me to sell prints of the interior of that store? The photo just includes chocolate in a ...
10
votes
2answers
5k views

Are photo releases necessary when using event photos in my portfolio?

Do I need to get photo releases from people in the images I capture at public events? For example, do I need photo releases from all wedding guests pictured in order to use my photos for ...
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 ...
10
votes
4answers
434 views

What resources can you suggest to help me write contracts?

I realize the best resource is a lawyer, but aside from that. How did you write your contracts for your photography business? Are there resources out there to help me write my own contracts and ...
16
votes
5answers
939 views

What is the philosophical justification generally accepted by photographers on why they should be able to profit privately over public property?

Say someone takes a picture of Lord Nelson's statue in Trafalgar Square at dusk, and sells on his website for profit. Is it not arguable that people would not buy it if it weren't a statue of a ...
6
votes
2answers
363 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 ...
12
votes
3answers
696 views

Do you need photo permission for landscape work you/your landscape company has done?

We own a landscape company and we wanted to use photos of landscape jobs we've installed and photos of gardens we have planted. Do we need permission to post these photos we've taken on our website?
12
votes
6answers
2k views

What are some photography contract gotchas or must-haves?

When preparing a photography contract, what should be included? I'm sure the experienced shooters have examples of things that they always include in a contract or things that they omitted but later ...
6
votes
2answers
396 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 ...
1
vote
0answers
151 views

Is it legal to use my name in a marketing campaign (on google)? [closed]

When I enter my name in google.com, at top of the page in Google Ads section there is a big stock photography company listed and the title of this advert is also my name. I am (actually I used it ...
13
votes
8answers
10k views

Is it legal for me to take pictures of commercial/military aircraft taking off and landing?

NOTE: I'm in the United States so for me this question is mostly about 'is it legal' in the US... I often drive down to one of the access roads outside the fence line of the international airport in ...
8
votes
4answers
2k views

Celebrity photographies copyrights

I'm creating a international portal about celebrities. Where from can I get photos of celebrities without breaking copyright law? Is there a difference between publishing a photo of celebrity and ...
13
votes
3answers
2k views

How can you find out if a building falls under trademark rules?

A follow up to a comment in this question; "However, if you take a picture of a building which falls under trademark rules, then you would face problems. A very few buildings fall into this ...
32
votes
6answers
15k views

How do I copyright my photographs?

What exactly, if anything, do I need to do in order to copyright my photographs? I have done some research into this topic and find a wide range of answers. Some articles on the web are stating that ...
8
votes
2answers
2k views

What are the dangers of doing photography on a “Work for Hire” contract?

I've heard that if one is a professional photographer that it's bad to perform work on a "work for hire" contract. Why is this situation unfavorable to the photographer?
26
votes
8answers
8k views

How to attribute Flickr Creative Commons photos online?

I found some nice images on Flickr using the advanced image search to show only those that are creative commons licensed; I want to use the images in a commercial website I am building. One of the ...
10
votes
3answers
2k views

Is it legal to use images found on the internet?

I realise that I am unable to just use an image willy nilly from the internet, but if an image is uploaded to a site like deviant art, am I able to use it on my site (not claiming it as my own, but as ...
16
votes
3answers
401 views

Resources for persuading that photography is not a suspicious activity

I am looking for web resources to help persuade someone that photography is not a suspicious activity and photographers should not be considered a threat. Right now, the discussion is pretty cordial ...
16
votes
2answers
865 views

Is a model release needed for all commercial photo sales?

I've seen variants of this question covered on many sites but I can't find an answer specific to fine art sales. I know that I need a model release if my picture will be used as stock photography ...
11
votes
6answers
1k views

How do I correctly provide Creative Commons attribution on a digital print?

I'm using a photo I found on Flickr that is licensed with the Creative Commons non-commercial attribution license. I'm modifying this photo and then will be giving it as a present to a friend. Does ...
13
votes
4answers
2k views

What are the copyright issues when selling photos of public art?

I know that it is illegal to take a photo of another photo, but does anybody know what the legal situation of selling a photo that includes a sculpture that it is in a public place? Something like: ...
7
votes
3answers
336 views

Does EzPrints.com Terms of Use try to grab my copyrights?

I generally don't like legal questions, however in this case my choice is either to accept an agreement or move on to a different print service, and I'll gladly do the latter if necessary. I was ...
11
votes
2answers
1k views

Exclusivity Use Clause?

I'm writing up a small generic contract (1-2 pages at most) and I have a check box next to each clause so they may be included on a per contract basis and was wondering if I need to include an ...
12
votes
3answers
672 views

If I use a public domain image can I own the copyright to the resulting artwork?

I was thinking of using public domain images as backgrounds to my photos. Do I still technically "own" the resulting work?
19
votes
8answers
15k views

If my photo is “copied” through a painting, is that a legal?

Are both scenarios legal? I own a photo, and someone painted a replica (using canvas and paints) and sold prints. Someone altered it using Photoshop to look like a painting and sold prints. Do I ...
26
votes
5answers
5k views

What steps should I take if my photo is used without permission?

I like contributing to community groups with my photos, such as to Flickr photopools, and some more local groups. I do it mainly for feedback and improvements, and, quite honestly, I like it when ...
9
votes
4answers
648 views

Street Photography: Can you take pictures on the street and enter them in contests?

Do you need the permissions from the subjects? Specially if there is money to be made.
33
votes
8answers
7k views

Can I publish photos taken in public legally?

Who actually owns a photo that is taken in a public place?
10
votes
3answers
446 views

What are the most important issues to cover in a portrait photo contract?

I am planning on doing some photo sessions for friends and want to do it right. I want to have a contract, but I'm not sure what all I need to include. What are the most important issues to cover in ...
14
votes
2answers
459 views

What are good resources for Photographer's Rights around the world?

As a photographer, I take a lot of pictures around the world. In the US, the rights for photographers are pretty clear cut, although harassment and bullying occur at the hands of security and law ...
56
votes
8answers
3k views

Is watermarking worth it?

I've recently become aware that one of my photos has been used by a national newspaper beyond its licensing terms (cc-by-sa-2.5, used without the required credit), and whilst I can pursue them for ...
14
votes
2answers
360 views

What is “Fair Use” (US Copyright Law)

Sometimes one will hear of a photo being reprinted, redistributed, or otherwise used without specifically being licensed or having permission granted. Often the defense is called "fair use". What ...