Photography and the law

COM 241Photography I

OK to shoot pictures in public places without permission

Unless photographer is overly intrusiveRon Galella and Jacqueline OnassisFollowed 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 placedHave to use available lightPooling arrangements

Illinois Started pilot project in 2012 for trial courts

Experimental basisExceptions: divorce, juvenile, sex crimes

At discretion of judge Allows up 2 video and 2 still cameras, live

bloggingAvailable lightStay 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

My Lai massacre / United States Army photographer Ronald L. Haeberle

Migrant Mother / Dorothea Lange, Farm Security Administration

Not copyrighted photos

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