Legal Handbook for Photographers: The Rights and Liabilities of Making Images

Legal Handbook for Photographers: The Rights and Liabilities of Making Images

Language: English

Pages: 128

ISBN: 158428059X

Format: PDF / Kindle (mobi) / ePub


Covering the rights photographers need to understand to prevent losing an image or incurring liability, this book details the legal aspects of publishing photographs, public vs. private property, model releases, copyrighted material, pornography, and intrusion of privacy. Also discussed are what to do when film or equipment is seized and handling confrontations.

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the victims to sue the perpetrator for monetary damages. Texas has enacted what is probably the worst privacy law in the United States with respect to photographers. The author is aware of one instance where a photographer was charged for photographing children at a dance competition. Sometimes, privacy laws can be pitfalls when they are drafted in ways that fail to consider the reasonable interests of the subjects and the photographers. Texas can claim credit for what may very well be the

pay the legal fees incurred by the photographer to defend the case. Stalking Statutes. Another potential source of liability for photographers who follow or repeatedly photograph particular subjects are stalking statutes, although they are generally enforced in contexts that do not involve photography. Many states have passed such statutes that make it a crime to repeatedly engage in activities such as following, surveillance, and harassment with an intent to either harm a person or cause a

your case and diligently prosecuting it, it is important to select suitable counsel. Unless you already know someone who is competent to handle the matter, it will be worth investing some effort in selecting an attorney. One way to get the names of potential counsel is to ask for recommendations from persons or entities associated with the photography industry, such as other photographers, trade organizations, and the media. Civil rights organizations and lawyer referral services can also provide

normal fee. However, some courts have held that multipliers are inappropriate in actual damages cases or have allowed them only in limited circumstances, such as when the photographer’s credit was omitted. A potential problem with pursuing actual damages is that the situation does not always indicate what measure of damages is the most appropriate. For example, if a shirt manufacturer has the option of obtaining images from a royalty-free stock agency at a minimal cost, or images from a

state of the law, the only certain aspect of right-to-publicity law in the context of art is that it is muddled and poses uncertain risks. Images in Advertising and Commercial Products. The most common situation involving the right to publicity is the unauthorized use of an image of a person in an advertisement to promote a product or enterprise. This is why advertisers usually require model releases when identifiable people are portrayed in advertisements. The line between a commercial

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