Photographers Rights:
Do you ever wonder what might happen
if you were taking pictures of someones
house and what you would do if they
called 911?
Well, as a photographer, copyright laws
and copyright guidelines are important.
I received a copy of these laws and guidelines
from the teacher who teaches at the college.
Not only does she teach, but she also has
her own studio and shoots all of the photos
in our city. So she has had to go by these laws
and guidelines to be able to do what she does.
She wanted to pass it on to us so she
wouldn't have to hear on the channel 6 news
that one of her students have been arrested.
The US Constitution and the Federal Copyright Act
give "copyright" protection to authors for their
original works, such as photographs.
Among the protections that copyright
owners have is the exclusive right to:
1) Make copies of the work
2) Prepare other works based on the original
3) Distribute copies of the work to the public
by sale, rental, lease, or lending
4) To publicly perform the display the work
Who Owns What?
The laws says the "author" is the
owner of the copyright.
The author of a photo or image is usually
the person who snapped the shutter
or created the image.
If you took the photo, you own the copyrights.
If a professional photographer
took the photo for you,
then he or she owns the copyright.
If that photographer is an employee of a studio
or other person in the business of making photos,
then his or her employer is considered the author.
COPYRIGHT GUIDELINES
Photographers Should:
1) Prior to completion of the sales process, provide
notice to customers of the photographer's ownership
of copyright, in an effort to avoid confusion
about the rights of the photographer.
2) Provide customer with information necessary to
obtain additional copies of the photographs.
3) Where reasonably possible, identify and mark their
photographs sufficiently to permit others to know
whom to contact to obtain permission to copy,
electronically or otherwise manipulate or prepare
other derivative uses of the photo.
4) Respond promptly to requests for permission to
copy, electronically or otherwise manipulate, or
prepare other derivative uses of the photo,
although there is no obligation to grant
such permission.
5) Give written notice to the photo processor when a
photographer believes his or her copyright has been
infringed, in a effort to prevent further infringement,
to determine the cause of the alleged infringement,
and to permit possible resolution
of the matter without the need for litigation.
As a professional or just for fun photographer,
Here are somethings to keep in mind.
You are NOT allowed to take pictures of
any Federal Building in the United States.
On the property or off the property.
(They can take your camera from you)
You are not allow to take pictures
of Hospitals unless you are on the street.
You can not publish, display or sell
any photos taken at a wedding unless you
have a sign release form signed by the Bride.
That includes anyone at her wedding.
Nor can you take a picture of anyone
sitting on a bench without a release form
signed by that person. But only if you plan on
displaying, publishing or selling the photo.
What happens is this
Say you take a picture of a child
sitting on a park bench. Then you
display it and lucky you, you win
a photo contest and get $300.00.
If the mother of this child see this,
She can fight and win the money.
And you can get into trouble due
to not having a written consent form
signed by the mother of that child.
You do however, have the right to
use the photo in your portfolio.
Now, let me give you some things you can do.
You can take pictures of anyone who pays
at a public event
and not have to get a signed release
to be able to display, sell, or publish.
You can also take pictures of buildings
and homes as long as you stay on the street
when taking the pictures. I am not
sure about the sidewalk. That is
something I will have to look into.
You can also take pictures and not get
into trouble if you want of
car accidents and house fires.
As long as you stay out of the way
of police officers.
So there you have it.
The Do’s and Don’t’s:
If someone has more to add
to the list, then let me know.
The more information we have
the less trouble we will get into.
Until Next Time,
