Luckily in this country, photography has a bit of leeway compared to other mediums. The law in the United States says that anyone may take photographs of anything in a public space (as long as they are allowed to be there). Some public spaces are sidewalks, streets, and public parks. However, if a photographer wishes to set up equipment for a professional shoot he/she needs a permit to do so. Typically, equipment that falls under this category is lights, reflectors, and large tripods. Generally, regular sized tripods or monopods are accepted (nyc.gov).
The law also states that a photographer can capture anything without limitations as long as it’s in a public space (Krages 2012). This includes people, children, celebrities, disasters, animals, architecture, etc. In fact, the only limitation is that the military can prevent certain photos for the protection of national security. Private property has different circumstances. A photographer is allowed to shoot as long as they have permission from the owner of the property. Otherwise, photography is prohibited. Ideally, you would want written permission in case something was to happen. The owner also has control over what can/cannot be captured. If the photographer fails to comply then he/she must leave the premises otherwise they could potentially be arrested for trespassing (Krages 2012).
Commercial photography has it’s own set of rules. This type of photography is used for large-scale distribution primarily for a company or organization. It isn’t associated with the sale of photographs for artistic purposes. Photographers must have the permission from the model(s) for commercial use. A model is a loose term for the subject in the shot – doesn’t necessarily have to be a professional. After the release form is signed then the photographer has the rights to use the photograph for commercial purposes. Also, if the shoot is located on private property the photographer must also get a location release form signed. This is important in order to protect yourself legally (asmp.org).
Another concept of photographic protection is the copyright law. Like many other types of media, an artist would want to protect his/her artistic property. Copyright law helps prevent others from stealing or illegally using a photographer’s work without permission. This law protects the original work of an artist. This includes “literary, dramatic, musical, artistic, and certain other intellectual works” such as inventions, brand names, company logos, websites, products, etc. The process of copyright law is fairly simple. In order to register your work you have to pay a fee and apply for a copyright. Nowadays, it’s a simple procedure that can be done online (www.copyright.gov). Generally it takes a few months for the copyright to register or not. Sometimes a copyright can be denied if it is stolen from another source. Copyrights last the entire life of the author plus an additional 70 years after an author’s death. It’s important to note that copyright is an automatic right that doesn’t require paperwork as long as the product is original. According to copyright.gov, “Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. In general, registration is voluntary. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.”
The Internet proves to have many different problems of it’s own. “Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism (Stanford.edu). For example, if you wish to criticize a piece of work it isn’t necessary to ask for permission. However, if the copyright owner disagrees with your interpretation of fair use than you may be liable for any damages the owner may wish to pursue in a court of law. Many online image websites such as Pinterest, Flickr, and Facebook all abide under the fair use policies. For example if you do not own rights to the images you risk copyright infringement. “If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Pinterest’s Designated Copyright Agent” (Pinterest). However, if you do own rights or permission than copyright isn’t an issue. There are a host of problems and loopholes with this policy. Largely because there’s so many photographs uploaded daily it is hard to police them all so it is up to the copyright owner whether or not to pursue any legal action. For the most part, online websites use a licensing policy called the Creative Commons License. According to Ang, creative commons “is a type of license designed to allow a flexible range of protections and freedoms for authors, artists, and educators to encourage wide use of intellectual property while discouraging abuse. Works can be used provided: the author is credited, the use is not for commercial purposes, and no derivative works are made. This allows a widespread sharing of creative and other works without loss to the copyright owners by those who otherwise would not benefit from the works. It is in widespread use in the photo-sharing community (Ang 2008).” Many, if not all, media sharing websites incorporate this policy.
Other websites have popped in order to help photographers make money off of their work. Websites like Pond5 and iStockphoto are royalty free websites meaning that anyone can purchase an image for a set price and use it in a personal or commercial piece of work. As always, the images must be original pieces of work otherwise the owner could legally prosecute. These types of sites are built on a trust model. If any altercation were to occur than the user would be permanently banned and could face legal action. Also, when an image is purchased the buyer is also purchasing a limited license that grants him or her use of the image in a work (Pond5 2013).
As a photographer there are many ways you could profit off of your images. A few I mentioned earlier such as selling prints or stock photography. Royalty free images are another beneficial way to make money and protect your creative property. “These are images that you pay a fee to obtain in the first instance, but then you do not have to pay any extra if you use them- even for commercial purposes. With some companies, however, certain categories of commercial use, such as advertising or packaging may attract further payments (Ang 2008).”
Licensing is another way of protecting your images yet allowing others to use them for a fee. You own the rights to your images and contract another client the rights to use them. The client pays for the license and is allowed to use your image within the guidelines of the agreement. There is a host of ways to license your photographs. Assignment photography is a business or service that creates photographs for a client. The photographer is directly hired for a project. Stock photography is when a business or photographer sells photographs that already exist. These photographs are often uploaded to websites that offer licensing royalty free images. These images could be used commercially, editorially, or in retail (asmp.org). Generally, laws regarding photography are fairly simple and straightforward.
Works Cited
Ang, Tom. Digital photographer’s handbook. 4th Edition ed. New York: DK Pub., 2008. Print. Page 375.
“Copyright Basics.” U.S. Copyright Office. Library of Congress, n.d. Web. 22 Apr. 2013. <www.copyright.gov/circs/circ01.pdf>.
Krages, Bert P.. Legal handbook for photographers: the rights and liabilities of making images. 3rd ed. Buffalo, NY: Amherst Media, 2012. Print. Pages 1-13.
“NYC.gov.” NYC.gov. N.p., n.d. Web. 22 Apr. 2013. <www.nyc.gov/html/film/html/news/important_info_permits.shtml>.
“Pinterest Copyright.” Pinterest. N.p., n.d. Web. 23 Apr. 2013. <about.pinterest.com/copyright/>.
“Pond5 Terms of Use.” Pond5 The World’s Stock Media Marketplace. N.p., n.d. Web. 22 Apr. 2013. <www.pond5.com/legal/terms>.
Stim, Attorney Richard. “Stanford Copyright & Fair Use – Fair Use.” Stanford Copyright & Fair Use Center. Nolo, n.d. Web. 22 Apr. 2013. <http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/>.
“What is a license? | American Society of Media Photographers.” American Society of Media Photographers. American Society of Media Photographers, n.d. Web. 22 Apr. 2013. <http://asmp.org/tutorials/what-license.html#.UXW4QyugmZc>.
Digital Photography 