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Questions about law/legal issues affecting photographers

learn more… | top users | synonyms (1)

3
votes
3answers
2k 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 ...
32
votes
8answers
6k views

Can I publish photos taken in public legally?

Who actually owns a photo that is taken in a public place?
16
votes
2answers
727 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 ...
54
votes
8answers
2k 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
3k views

If someone makes a picture of me, who owns the right to it?

Say, someone snaps a picture of me. Do I own the rights to it? Or is it the photographer? My intent is to find out for U.S. but a plethora of in-depth answers is very helpful!
6
votes
2answers
260 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 ...
31
votes
6answers
12k 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 ...
14
votes
2answers
382 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 ...
7
votes
2answers
2k views

Can I photograph people publicly, in the USA, without their consent?

If I am out in a public place, is it legal for me to take pictures of other people? What am I allowed to do with these photos? Can I post them online or print them out? Are there different rules for ...
16
votes
4answers
2k 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 ...
11
votes
6answers
1k 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 ...
10
votes
4answers
389 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 ...
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: ...
8
votes
4answers
1k 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 ...
25
votes
8answers
6k 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 ...
16
votes
7answers
3k views

How to respond to requests to commercially use one's photos without compensation?

I am an amateur photographer and every now and then, I get an email along these lines: Hi there, I really like your photo of X [LINK] and would like to use it in my/our magazine/brochure/website. ...
21
votes
7answers
3k views

If I paid for photography am I entitled to raw images?

If I paid for photographs on my wedding and the photographer has supplied me only with low res files (200 kb approx for all) and says she is unable to save them edited in high res, am I entitled to ...
29
votes
12answers
3k 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 ...
7
votes
3answers
933 views

Do I need a written model release to enter a street portrait in a competition?

I've taken a street portrait photo (here) that I'd like to enter in a competition (the Sony World Photo Awards). I asked the man in the shop if I could take his photo, and he was more than happy for ...
6
votes
6answers
905 views

Does street photography including children introduce any specific concern?

If one were to take a similar path as Henri Cartier-Bresson in shooting candid street photography today, should they be concerned about laws or other realistic norms of today? I am wondering ...
8
votes
3answers
535 views

Still-life reconstruction considered plagiarism?

I am really bad at still lifes. That is, I never even attempted making one. So I decided to try and make a photo of freshly baked bread. I stumbled across a few amazing shots on the Internet which I ...
4
votes
2answers
903 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
3answers
2k 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 ...
3
votes
3answers
490 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 ...
14
votes
2answers
320 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 ...
11
votes
6answers
911 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 ...
9
votes
2answers
3k 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 ...
3
votes
1answer
533 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 ...
3
votes
1answer
736 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 ...
1
vote
2answers
133 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 ...
1
vote
3answers
413 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 ...
1
vote
1answer
155 views

Personality Rights [duplicate]

Possible Duplicate: Is a model release needed for all commercial photo sales? I have read many question here on SE looking for this answer and if I missed a question please point me in the ...