Legal Issues for Photographers
Taking Pictures Safely and Legally for Profit or Personal Use
Oct 22, 2009
Photographers have never had more options for moving from the realm of amateur picture taking to the world of professional photography. Budding picture pros should be aware of these potential problems they might encounter before they click the shutter or upload their files to Flickr.
Acquiring Permission for Photography
Professionals call it securing the location and models, but anyone who takes a lot of photos should be aware of how to get permission to take their shots.
For people, the general rule is that anyone identifiable in a photo used for commercial purposes, such as to sell a product, needs to give their permission before the shot can be published. A simple model release can suffice to show permission.
In journalistic-style photography, a release isn't necessary as long as the shot was taken in public and can be shown to have news value. This is generally the case for pictures that appear in newspapers, documentary-style exhibits and on websites covering an event.
Location permission is just as important for potential photographers to consider. Some buildings and monuments are under trademark protection, meaning that no one can sell a photo of the structure without obtaining permission first. Other places won't even let cameras into their facility without clearing it with someone in charge first.
The easiest way to get permission to shoot in a particular location is simply to call or email the organization or business running the place and ask. Explaining what the pictures will be used for is often sufficient to gain access, especially if the project will generate positive publicity. Many photographers find that they can gain access to shoot in places where the general public isn't allowed to take pictures, such as in museums or private parks, if they clear it with the authorities first.
Copyright Issues for Photographers
Copyright is in the news lately, and can be confusing for newcomers. Basically, copyright says that the person who created the work owns the rights to that work for a given period of time, usually determined by the country where the photographer lives.
Some publications ask for certain rights when they publish a photo. A magazine asking for "all rights" wants to buy the complete copyright, which means that they alone will be able to publish the photo. Purchasing "first rights" means that the shot can be sold and published again later as long as the first rights purchaser gets to print their copy first. First rights is a type of license, a granting of permission from the person who took the picture to a company or individual to let them use the photo in a particular way for a particular amount of time.
Photographers are often divided on the issue of copyright. Many people choose to retain all copyrights themselves, not allowing anyone else to use their shots for any reason unless they are paid first.
Others have jumped on the Creative Commons bandwagon, releasing some or all of their photos for use by anyone while retaining control over how those photos get used. Some CC-licensed works offer permission to use the shots in noncommercial ways (like downloading it as a screensaver for someone's personal computer) but not allowing commercial use (selling the shot in a coffee table book.)
Getting Paid as a Photographer
Another thorny issue some professional photographers face is how to get paid for their hard work. Most pros have standard contracts they use for different types of work. Having a contract helps protect all sides of a photography transaction by spelling out exactly how much, when and how the pro will get paid.
Paying attention to permissions, copyright and payment contracts can help make the transition from casual photographer to a professional level much smoother.
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