Photography and the law
COM 241
Photography I
OK to shoot pictures in public places
without permission
Unless photographer is overly intrusive
Ron Galella and Jacqueline Onassis
Followed her into restaurants, stores, etc.
Restricted to 25 feet from her
The late Jackie Kennedy Onassis sue Ron Galella, a self-styled paparazzo
photographer for harassment and won. The court eventually restricted Galella
from taking pictures from within 25 feet of Onassis. / Joy Smith
Schools
At a public university you can take photos
just about anywhere
Lab, class, gym
But you can’t take pics of class in session
w/out teacher’s permission
For public elementary, high schools need
principal’s permission to enter school
grounds
Invasion of privacy
In public places usually the test is
newsworthiness vs. subject’s right to
privacy
If photo is newsworthy then courts side with
media
Usually courts accept what media considers
newsworthy
A photographer has the legal right to take this picture because the
accident has occurred on a public street. / Carolyn Coe,
Sacramento Bee
A state trooper illegally tries to block the cameras of two photographers from
the Palm Beach Post who where covering the arrest of an armed robber. Photo
by C.J. Walker / Palm Beach Post
On private property, need owner’s
permission
Mall, business, hospital, etc.
However it’s OK to shoot pictures of people on
private property if you shoot from street
In Florida
Publishing v.
Fletcher (1976)
the court said
since fire marshal
had asked
photographer to
take pictures, not
invasion of
privacy, which is
what mother sued
Florida Times
Union for.
In a pre-dawn raid on April 22, 2000, armed U.S. federal agents seize Elian
Gonzalez from the home of his Miami relatives. In this instance the
photographer had been invited into the home by the homeowners. Photo by
Alan Diaz / AP
Where a photographer can shoot
Public areas
Street, parks, zoo, university campus
Private areas visible from public places
Porch, lawn, window of home
Only with permission
Courtrooms, hospital, shopping malls, public
schools (grade, high school)
Misappropriation
Can’t take a picture of someone
and use it in an ad without their
consent
Need to get written consent or
release form signed
by subject
Forbes magazine reported Lebron
James’ endorsement income in
2010 to be $30 million.
Woody Allen sued a clothing company (American Apparel) for at least $10 million for
using his image on billboards. The lawsuit complained of a billboard featuring a frame
from "Annie Hall," a film that won Allen a best director Oscar. The image showed Allen,
72, dressed as a Hasidic Jew with a long beard and black hat and Yiddish text. The words
"American Apparel" also were on the billboard.
The photo of President Obama was taken by the Associated Press, and features him
standing at the Great Wall of China with a pensive expression. The ad was installed on a
billboard in New York City’s famous Time’s Square, one of the most visible areas in
terms of its ad space.
Cameras in the courtroom
Chandler v. Florida (1981): Supreme
Court said allowing photographers to take
pictures during trial not automatic violation
of defendant’s right to fair trial
Federal courtroom closed to
photographers
Most state courts allow cameras
Discretion of judge
Key trial participants agree
Rules:
Where cameras can be placed
Have to use available light
Pooling arrangements
Illinois
Started pilot project in 2012 for trial courts
Experimental basis
Exceptions: divorce, juvenile, sex crimes
At discretion of judge
Allows up 2 video and 2 still cameras, live
blogging
Available light
Stay in one place
Accused of bending over and baring it all during a show, an exotic dancer
demonstrates for the judge that her underwear covered up anything illegal. / Jim
Damaske
As convicted murderer Bennie Demps heard the judge pronounce him guilty of yet
another murder--this one of a fellow inmate at the Rayford State Prison in Florida-Demps turned to his lawyer and grinned, his smirk a sharp counterpoint to the grim
group of guards and legal counsels who witnessed the sentencing. / Bryan Grigsby,
Gainesville Sun
This photo of convicted child-murderer and rapist Richard Allen Davis was
taken following the jury’s guilty verdict. The photo ran on the front pages of
the San Francisco area papers’ front pages.
Guilty plea: The R&B singer Chris Brown
sat with his head in his hands during a
preliminary court hearing in LA for assault.
Rihanna, pictured with her attorney Donald
Etra in court, did not have to testify and
spoke only briefly during the hearing
Copyright
When the employer owns copyright
Covers full-time employees of publication
Employer owns negatives/files, plus right to
sell pictures after publication
When photographer retains copyright
“work-for-hire”
Not a full-time employee, freelancer
You work on an assignment-only basis
Not copyrighted photos
My Lai massacre / United States Army
photographer Ronald L. Haeberle
Migrant Mother / Dorothea Lange, Farm
Security Administration
Tetons by Ansel Adams, 1942 (National Parks Service)
Copyrighting photos
Standard procedure is to put copyright
symbol followed by name and date
© Your Name, Date
Don’t have to do this to preserve copyright
As soon as photo is in “tangible form” it’s
copyrighted