Presentation Transcript

1. An Introduction to Photography Law(or how to be a Paparazzi 101)Mrs. Hanks
2. You are taking pictures in the mall and a security guard asks you to stop. You refuse to stop. He takes your memory card or camera from you now. Is this legal? Yes No
3. You are taking pictures of kids at a playground at a county park. You have not gotten parental consent for pictures with minors. Is this legal? Yes No
4. You take a picture of your friend Charlie stuffing his face with a homewrecker at Moe’s. For a band fundraiser, you pass around flyers that include Charlie’s picture and say “Eat More Moe’s” to promote a Moe’s night. Charlie did not sign a model release form and asks you to stop distributing it. Is this legal? Yes No
5. For a class project on child abuse, you add a picture you took of your younger brother with a black eye from a baseball game. Your parents have the right to ask you to take it off, because it makes them appear as if they are abusing your brother. Is this legal? Yes No
6. For your photo story on candid moments at Bloomingdale, you open the door to Mr. West’s office, poke your camera in, scream “Say cheese,” snap a shot, and run. Is this legal? Yes No
7. For a photo story of candid moments at Bloomingdale, you see the class president kissing the quarterback in the school parking lot, and get a shot. Is this legal? Yes No
8. For a photo story of candid moments at Bloomingdale, you get a picture of your classmate crying in the hall, including their returned algebra test with a big, fat F on it. Is this legal? Yes No
9. You are standing in the street in front of Derek Jeter’s new mansion, and you want to take a picture of it. Is this legal? Yes No

10. Where can I shoot?

    Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, streets, etc.

11. Where can I shoot?

    If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.
12. You are standing in the street in front of Derek Jeter’s new mansion, and you want to take a picture of it. Is this legal? Yes No

13. Where can I shoot?

    If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.

14. Where can I shoot?

    If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.

15. Where can I shoot?

    Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.
16. You are taking pictures in the mall and a security guard asks you to stop. You refuse to stop. He takes your memory card or camera from you now. Is this legal? Yes No

17. Where can I shoot?

    People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy.
18. For a photo story of candid moments at Bloomingdale, you see the class president kissing the quarterback in the school parking lot, and get a shot. Is this legal? Yes No

19. Where can I shoot?

    The following can almost always be photographed from public places, despite popular opinion: accident & fire scenes, criminal activities bridges & other infrastructure, transportation facilities (i.e. airports) industrial facilities, Superfund sites public utilities, residential & commercial buildings children, celebrities, law enforcement officers UFOs, the Loch Ness Monster, Chuck Norris
20. You are taking pictures of kids at a playground at a county park. You have not gotten parental consent for pictures with minors. Is this legal? Yes No

21. Where can I shoot?

    Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.

22. Where can I shoot?

    Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.

23. Where can I shoot?

    If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)

24. What rights to privacy do people have?

    Public Disclosure of Private and Embarrassing Facts The person suing must show that the information was: (1) sufficiently private or not already in the public domain, (2) sufficiently intimate, and (3) highly offensive to a reasonable person.
25. For a photo story of candid moments at Bloomingdale, you get a picture of your classmate crying in the hall, including their returned algebra test with a big, fat F on it. Is this legal? Yes No

26. What rights to privacy do people have?

    False Light A false light claim can arise anytime you unflatteringly portray -in words or pictures- a person as something that he or she is not. A typical "false light" problem can arise where a misleading caption is published with a photo (for example, a caption describes a bystander at an unlawful demonstration as a "participant").
27. For a class project on child abuse, you add a picture you took of your younger brother with a black eye from a baseball game. Your parents have the right to ask you to take it off, because it makes them appear as if they are abusing your brother. Is this legal? Yes No

28. What rights to privacy do people have?

    Intrusion Upon Seclusion A photographer can be sued even when the information obtained is never published. It occurs when a reporter gathers information. As a general rule, reporters are allowed to enter privately owned public places, for example, private school campuses or malls. However, also as a general rule, they must leave when they are asked. Three most common types of intrusion (1) Trespass: going onto private property without the owner's consent. (2) Secret Surveillance: using bugging equipment or hidden cameras. The laws vary by state but as a general rule reporters can legally photograph or record anything from a public area, such as a sidewalk, but they cannot use technology to improve upon what an unaided person would be able to see or hear from that public place. (3) Misrepresentation
29. For your photo story on candid moments at Bloomingdale, you open the door to Mr. West’s office, poke your camera in, scream “Say cheese,” snap a shot, and run. Is this legal? Yes No

30. What rights to privacy do people have?

    Misappropriation of Name or Likeness Misappropriation is the unauthorized use of a person's name, photograph, likeness, voice or endorsement to promote the sale of a commercial product or service. (For example, using a photo of your school's star athlete in an for a pizza restaurant without her permission.) To avoid problems, publications should routinely have subjects sign a model release form written in simple, straightforward language when using their name or likeness in a commercial ad.
31. Avoiding Misappropriation Use a model release form to use your pictures for commercial purposes (print ads, websites, etc.) Use it for any endorsement of a product
32. Buying a yearbook makes you beautiful!
33. You take a picture of your friend Charlie stuffing his face with a homewrecker at Moe’s. For a band fundraiser, you pass around flyers that include Charlie’s picture and say “Eat More Moe’s” to promote a Moe’s night. Charlie did not sign a model release form and asks you to stop distributing it. Is this legal? Yes No
34. Final scenario:Private PropertyPhotographer asked to stop taking picturesKeeps taking picturesOwner wants to confiscate camera The owner can confiscate the camera since he asked the photographer to stop taking pictures on his private property, and gave a fair warning. The owner can take the memory card and delete the images and then return them, because he has no right to take the materials, but can delete the files. The owner can do nothing about it because to take the camera would be theft, and the people are on his property already. The owner could ask the photographer to leave, and possibly get the police to look into trespassing, because it’s private property and the photographer refuses to obey the rules of the private property.