Legal Handbook for Photographers by Krages, Bert P. -- Read -- Imperial Library of Trantor

Index

Cover Dedication About the Author Copyright Contents Preface to the Third Edition 1. The Importance of Knowing Your Rights

Why You Should Know about the Law How Laws Are Made and Enforced

Constitutions Statutes Administrative Rules The Common Law Criminal and Civil Laws

The “Writing on the Wall” Case

2. Access to Property

Photography in Public Places

What Constitutes a Public Place Government-Owned Property Schools Streets and Highways

Restraints on Photography in Public Places

Disorderly Conduct Laws Loitering Laws Emergency and Law-Enforcement Activities

Access to Private Property

Traditional Public Forums Trespassing Limits on Photography Misrepresentation by Photographers Mistaken Consent Time Period of Consent Capacity and Authority to Grant Consent

Photography on Tribal Lands Photography From Your Property

3. Privacy Issues

Intrusions on Privacy

The Tort of Intrusion upon Seclusion A Reasonable Expectation of Privacy Newsworthy Events

Intentional Infliction of Emotional Distress Regulation of Photography to Protect Privacy

Privacy Statutes Stalking Statutes

Recording Laws Security Monitoring Photography in the Workplace Photographing People’s Property The Role of Permission in Photography

Implied Consent The Ability to Consent Misrepresentation

Model Releases

Description of Images Consideration Clauses Usage of Images Irrelevant Provisions Unconscionable Clauses

Using a Simple Release Form

4. Restrictions on Subject Matter

Federal Statutory Restrictions Currency, Stamps, and Securities Federal Insignia and Trademarks Military and Nuclear Installations

Defense and Intelligence Facilities Manufacturing and Research Facilities Nuclear Facilities State and Local Laws

Trade Secrets and Economic Espionage Copyright-Protected Material

Evaluating the Potential for Infringement Type of Work Erroneous Claims of Copyright Protection Does the Photograph Constitute a Copy? De Minimis Use Doctrine Fair Use Doctrine

1. The Purpose and Character of the Use 2. The Nature of the Copyrighted Work 3. The Amount and Substantiality of the Work Copied 4. The Effect of Use on the Market or Value of the Copyrighted Work

Trademarks

What Constitutes a Trademark Confusion Regarding Affiliation Trademarks in Artistic Works

Nudity and Pornography

Legal Criteria for Determining Obscenity Nudity and Sexual Activity in Public Places Child Pornography

Animal Photography Some Common Misperceptions

Improper Public Conduct Patriot Act and Homeland Security Act Accidents, Crime Scenes, and Other Emergencies Children in Public Spaces Buildings

5. Confrontations and Remedies

Reducing the Chances of Confrontation

Asking Permission Blend in or Stand out

Dealing with Confrontations

Understand Your Own Purposes Understand Their Perspective Dealing with Continued Objections

Verbal Objections Don’t Lie Confrontations by Law Enforcement If the Situation Escalates Summoning Law Enforcement

Seizure of Film, Photographs, and Equipment

Private Seizures

Seizures at Facilities or Events Where Photography is Prohibited Seizures at Photography Labs Threats of a Citizen’s Arrest

Government Seizures

Stop-and-Identify Statutes Search Warrants Administrative Orders

Subpoenas Shield Laws Remedies for Photographers

Determine the Desired Relief Assess the Interests of the Parties Contact a Supervisory Entity Contact the Media Take Legal Action

Consider Small Claims Court Demand Letters and Mediation Selecting Suitable Counsel Be Realistic

Writing a Demand Letter

6. Protecting Your Intellectual Property

The Nature of Copyright

An Ultra-Brief History of Copyright Law Why You Need to Register Your Images How to Register Your Images

Terms to Know

Publication Claimant

Filing an Application Single-Image or Multiple-Image Applications

Unpublished Images Published Images

Deposit Requirement Errors Using Photoshop to Expedite Registration Applications

The Copyright Notice

Using Photoshop to Add Copyrights Notices to Images

Enforcing Copyrights

Procedural Impediments Court Orders Damages

Actual Damages Statutory Damages

Types of Infringement Steps to Take

Confirm the Infringement Send a Demand Letter Filing a Lawsuit

Removal of Copyright Management Information Taking Care of Your Copyrights

Term of the Copyright Estate Planning Insurance

Patents

Qualifying for a Patent The Application Process The Prospect for Economic Benefits Patent Infringement

Trade Secrets Protecting Your Trademarks

Degree of Distinctiveness

Fanciful Trademarks Arbitrary Trademarks Suggestive Trademarks Descriptive Trademarks

Registered Trademarks

7. Publishing

What Constitutes Publication Concerns for Photographers

Protecting the Interests of the Subject Protecting the Interests of the Photographer

The Privacy Torts

Intrusion upon Seclusion Right to Publicity

Elements of the Tort Editorial Vs. Commercial Usage. Newsworthiness Artistic Value Images in Advertising and Commercial Products

Publicity Given to Private Life False Light

Defamation

Examples of Defamation Public Figures Exceptions to Liability

Photographs of Property Licensing Photographs

Assignment Photography Rights-Managed Stock Photography Royalty-Free Stock Photography

Terms and Conditions for Licensing

Communicating Your Terms and Conditions Negotiating Terms and Conditions Protecting Your Copyright Factors to Address in Your Terms and Conditions

The Grant of Rights Clause Time of Payment Prohibiting Self-Billing Unauthorized Use Clause Liquidated Damages Provision Return of Images and Lost Images Clauses Use in Violation of Law Dispute Resolution Clause Other Clauses

A Bare-Bones Version of Terms and Conditions Working with Stock Agencies

Stock Agency Agreements

Buyout and Exclusive-Use Licensing Exclusivity of Representation Timely Payment Fees Return of Images Enforcement and Recoveries Fiduciary Duty

8. Formulating Your Ethics

Articulating Your Ethical Code

The Purpose of Your Photography Level of Personal Control What Makes You Stand out Define Your Limits How You Want to Be Perceived

Ethical Issues Associated with Candid Photography Ethical Issues Associated with Privacy

Social Attitudes and Conventions Celebrities Suffering and Pain

Ethics of Portraying Things Truthfully

Expectations of the Viewer Staging and Manipulating Images

Effects on Natural Subjects Effects on People Ethics of Misrepresenting Facts to Take a Photograph

Conclusion Glossary Index

← Prev
Back
Next →

← Prev
Back
Next →