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The Law of Photography

People are Strange
People have very strange ideas about what constitutes fair use of other people’s photographs. What they do not realize is, that by the time they get sued, simply claiming ignorance is no defense.

Recent Cases has just posted an interesting run down of some recent cases involving unauthorized use of third party photography. The cases are not just limited to copyright infringement. Several involve issues you may never have considered when snapping that depantsing of Uncle Lem.

The Law of Photography

Of course, those of you who keep an extra intellectual property attorney in the pantry for those times you wax philosophic on the epistemology of intangible property know these things, but for those of you who don’t, here are some of the other, less well known, but no less harrowing, issues to consider when taking or using that next photograph.

Right of Privacy
Right of Publicity
First Amendment
Interference with Official Acts
National Security
Buildings not ordinarily visible to the public
Breach of Contract
Rules of Court
Laws relating to specific subject matter
False Light
Common carrier special duty of care
Concealed cameras
For Third Party sexual gratification

If You Get Stopped
If you take a lot of photographs, Attorney Bert Krages II even provides a downloaded “Photographer’s Right” pamphlet which you can carry with you if you are ever confronted. I, myself, tend to rely on my winning personality and wry, wide-eyed, sociopathic grin.

Brett Trout

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