Questions about law/legal issues affecting photographers
49
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 ...
30
votes
7answers
7k 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 ...
30
votes
8answers
4k views
Can I publish photos taken in public legally?
Who actually owns a photo that is taken in a public place?
25
votes
5answers
877 views
What's a concise “I'm not dangerous” phrase for a business card?
Not being a street photographer, I find myself intimidated by onlookers when shooting in public. Given that and an increasingly hostile government attitude toward photographers, I'm thinking a ...
23
votes
10answers
2k 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 ...
22
votes
8answers
3k 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 ...
21
votes
4answers
1k 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 ...
16
votes
7answers
1k 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. ...
16
votes
4answers
1k 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 ...
15
votes
8answers
5k 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 ...
15
votes
2answers
600 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 ...
14
votes
2answers
272 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 ...
14
votes
2answers
324 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 ...
14
votes
3answers
284 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 ...
13
votes
4answers
774 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 ...
13
votes
4answers
1k 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:
...
12
votes
3answers
931 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 ...
12
votes
3answers
584 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?
11
votes
5answers
2k views
How do I get rights to pictures someone has taken of me?
A photographer friend has agreed to take some sexy pictures of me. I trust him, but I don't want them to somehow wind up all over the internet.
How do we transfer rights of the photos to me?
11
votes
3answers
461 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?
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 ...
11
votes
8answers
3k 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 ...
11
votes
6answers
663 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 ...
11
votes
3answers
1k views
Laws regarding photos taken from airplane?
What are the laws for photos taken during a commercial flight? Just shooting some clouds outside the window and maybe a small city picture after takeoff. Anything I need to know?
Apart from what's ...
11
votes
2answers
1k 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?
EDIT I apologize for being vague in my original question. My intent was to find out for U.S. but a plethora ...
11
votes
2answers
713 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 ...
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 ...
10
votes
4answers
338 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 ...
10
votes
2answers
296 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 ...
9
votes
3answers
374 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 ...
9
votes
2answers
418 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 ...
9
votes
2answers
2k 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 ...
8
votes
2answers
638 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?
8
votes
2answers
505 views
I just saw my children in a photograph on the wall of a chain restaurant. What rights do I have to protect their image?
A friend alerted me she saw my children in a photograph hung in a chain restaurant. Although the picture was taken at a public event, I never gave permission for anyone to sell the image of my ...
8
votes
3answers
504 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.
8
votes
3answers
329 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 ...
8
votes
5answers
2k views
Can I publish (online) a photo I took of someone else's house?
I have a collection of photos that I have taken while touring through display homes that were part of a home-design show. I want to publish the photos online to share with others the architectural ...
7
votes
4answers
830 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 ...
7
votes
3answers
355 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?
7
votes
3answers
509 views
Who owns the copyright of a picture taken of my construction work?
Here's the scenario:
I work for a company that does some home improvement work.
An architect designed the house, we did the work. I found pictures of that work online, contacted the architect and ...
7
votes
4answers
488 views
How to prevent commercial use of a photo?
I got a request from a guy who'd like to use this image of mine for a print. I am normally open to non-commercial (simple attribution is okay) usage of my photos. So, I wrote "Drop me a flickr mail or ...
7
votes
3answers
276 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 ...
7
votes
2answers
860 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 ...
7
votes
3answers
627 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
904 views
What are the obligations to a client (give them raw photos, etc?)
I have shot an event (a pool party) for a client for free as a first test so that if that worked out we would continue working together. All that was communicated was that I cannot publish photos ...
6
votes
2answers
212 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
1answer
89 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
3answers
1k 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
348 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
6answers
468 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 ...
