Tuesday, January 22, 2013

Photography and your Rights

There are lots of sites on the internet that explain photogrpahers rights for th photographer, but fewer that explain it for the performer being photographed. Having been to art school I had a passing knowledge of image and copyright laws - but once I started performing I began researching photography laws specifically so that I could protect myself.
Here are the basics as I understand them (please note that I am not a lawyer, or trained in law, and if you need legal advice you should absolutely get in touch with a professional):

If someone takes a picture of you, that image is their property, not yours. Even though it's you in the picture - you need to get the permission of the photographer to use that image for promotional purposes. Quite often that will involve an exchange of cash; sometimes it won't but you had better ask before you use it.
A photographer can do what they like with their property, within limits. They can sell prints of it, post it on the internet, etc... This will vary from state to state with the exception of using your image to endorse a product you don't endorse (Right of Publicity). It's a good idea to check state laws in any case though, because they can vary widely. This is a good example.
If you're in public (think state fair) you're fair game as a subject. If you're in a privately owned establishment (think nightclub) you're fair game unless there are clearly marked signs denoting otherwise. If you're in private (your own home) you're off limits, even if they've taken a picture of you through your window from the street.
In Missouri for example:
"There are some basic limitations on the subject matter of photographs. A photographer will be liable in a civil action if he takes a photograph that violates the right of privacy of another. A photographer may be civilly and criminally liable in trespass if he or she enters on private property without the permission of the owner in order to take a photograph. A photographer will be civilly liable if he takes and uses a photograph in such a way that it violates the copyrights, trademark rights, trade dress rights, or publicity rights of another. To avoid any of these situations the photographer must understand the basic principles of the right of privacy, the right of publicity, copyright, and trespass. - www.pcblawfirm.comhttp://www.pcblawfirm.com/Articles/Legal-Issues-for-Photographers.shtml
What does this mean?
If a photographer violates your Right to Privacy, you can sue them. People can't be on your property (or any private property) taking pictures without the owners permission - but private property that is open to the public is generally fair game unless clearly marked otherwise. If someone is taking pictures of you, you can ask them to stop, but you can't take their film or camera away.
It's on photographers and their subjects to understand these laws though.

Also - read your Model Release Form before you sign it.
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 [04/10/13 EDIT]
MEANWHILE...
Just because someone takes a picture you're in and owns that photo, it doesn't mean they have the right to sell it. Seriously - check your states laws, they vary widely. Also maybe consult a lawyer.

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