The Photographer’s Right
In this article, Bert Krages provides a concise list of photographers’ rights as well as what to do if ever detained or harassed by someone trying to prevent you from taking photographs. Two things that stood out to me were the fact that it is a “general rule” in the United States that anyone may take photographs of whatever they want when they are in public places where they have permission to take photographs and that others have no right to confiscate your camera or film without a court order. I couldn’t believe that photographers have so much freedom! I think it is great, though. Personally, I would have been the first one to hand over my camera if ever confronted. I’m glad to know that I don’t have to!
Krages, B.P. (2006). The photographer’s right. Retrieved July 6, 2010, from http://www.krages.com/ThePhotographersRight.pdf.
Legal Issues for Photography
The authors of this article review three copyright issues regarding photography. The first issue they discuss is that of orphan works. These are photographs for which the copyright owner is unknown or cannot be found. The Copyright Term Extension Act (CTEA) was enacted in 1992 and extends the time a work is protected. This brought confusion because some photographs which were believed to be in the public domain were no longer copyright free. A second issue discussed is the ownership rights of freelance artists. Basically, their rights are unclear and copyrights may have to be shared between them and the publishers of their work. The final issue addressed in this article deals with the publicity and privacy rights of individuals. These rights are governed by the state in which the person photographed resides. Therefore, rights vary from state to state. There are also strict time frames in which individuals can file claims for others using their photographs. After reading about these three issues, I am in agreement with the authors that people interested in using photographs taken by and/or featuring others should first seek the advice of an attorney. After all, “the most cost-effective solution is to address the situation through preemptive measures rather than after-the-fact damage control” (Tune & Wagner, 2009).
Tune, C.A. & Wagner, E.E. (2009). Legal issues for photography. Retrieved July 6, 2010, from http://www.pillsburylaw.com/siteFiles/Publications/4CC8DED3E2AFCB9CE3F6E89EC2564 6DE.pdf
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