What are the legal aspects of photography?

Answer 1

Photographers who are paid for their work, or compose or record images for future profit have their work protected by copyright law. If you hire one to photo or video an event, the professional is the owner of the images. Depending on the deal you have, you will get a certain amount of proofs or images or video files of the event. Any extra copies have to be paid for. For example: you purchase a package that includes photos and a video of your wedding. Only the copies the photographer provides are legal copies. If you start burning extra copies of the wedding video, it is a copyright violation, just like any other video.

In the business of creating Photography, video, art and prose, among other creations of artistic nature, copyright is implied and automatic. The artist or craftsman is entitled to make money off the creation and not have it wholesaled, unless that was part of the deal. That has to be in writing. A photographer will sometimes sell the rights to a photo or an event like a wedding. To insure your rights, you must get a document from the photographer granting you ownership of the material. All transferred copyrights need documentation.

On the other hand the use of your image if it is recognizable in a photograph or video cannot be used for commercial purposes without your permission. In this case the photographer has to get your permission in the form of a document called a "release". You can and should be compensated for such use of your image.

In between are many areas that are uncertain and usually unimportant or in some cases exempt. For example if you are in the background of a video or photograph, and are not the subject of the work, it does not count as something that needs to compensated. If you are in a photo or video that is newsworthy, like a protest or meeting that is covered by media, that is also exempt. If you notice you are being recorded in such an event, you must personally notify the photo/videographer if you desire not to be recognized in the image. This must also be in writing.

Answer 2

In the United States, copyright laws provide photographers with the rights to any media captured by their equipment; but other laws exist that determine whether a photographer can legally distribute the media they capture.

Photographers can legally capture and distribute media that is not if and/or does not include trademarked or copyrighted materials. (Photographing the page of a book, for example, is legal; however, distributing the photograph is a violation of the copyright protections afforded to the copyright holder of the book you photographed.)

Photographers do not have the legal right to distribute media of or containing a person that has not given the photographer permission to use their 'likeness'. In the event of this happening, you could be held legally responsible for any and all defamatory acts that slander the individual in the photograph. 'Release' contracts are agreements between (a) person(s) and the photographer that allow the photographer to distribute certain media containing the subjects legally and without repercussion.

You may not legally capture media while trespassing or in public areas where the use of a camera or video recording device may not be permitted.

Contrary to popular belief, a photographer's camera can be seized in the event the photographer is violating a court order restricting them from capturing a person, building, area, or otherwise; disturbing the peace and/or refusing to cooperate when a law enforcement officer requests the photographer to leave or stop capturing images; capturing unauthorized media of government facilities or private buildings; and in the event that the media may violate child pornography laws.