Photography And The Law

Photographers and publishers of photographs enjoy a wide range of legal rights including freedom of expression and of publication. They have a right to create and publish photographs. They may invoke their intellectual, moral and property rights to protect and enforce their rights in their created and/or published works. These rights are not absolute. This book analyses the various legal restrictions and prohibitions, which may affect these rights. Photography and the Law investigates the legal limitations faced by professional and amateur photographers and photograph publishers under Irish, UK and EU Law. Through an in-depth discussion of the personal rights of the public, including the right not to be harassed, the book gives a clear analysis of the current legal standpoint on the relationship between privacy and freedom of expression. Additionally, the book looks at the reconciliation of photographers’ rights with the state’s interest in public security and defence, alongside the enforcement of ethical and moral codes. Comparative legal standing in the European Union is used as a springboard to further analyse Irish and UK statutes and case law, including recent reforms and current proposals for future change. The book ends with pertinent suggestions of the necessary reforms and enactments required to rebalance the relationship between the personal rights of individuals, the state’s duties and the protection of photographers’ and photograph publishers’ rights. By clearly explaining the theoretical and conceptual reasoning behind the current law, alongside proposed reforms, the book will be a useful tool for any student or academic interested in photography law, privacy and media law, alongside professional and amateur photographers and photograph publishers.

"The purpose of this book remains the same-to provide practical advice to photographers about the parameters of the law"--

"The Law of Photography and Digital Images" provides in a single volume a text for legal practitioners covering all areas of law relevant to photography. It combines coverage of core topics, such as copyright and passing off with those where the law remains grey and relatively untested, such as the internet and implications of the Human Rights Act 1998. The work is divided into three parts - Rights in the Image, Place and Subject Matter of Photographs, and Use of Photographs. Topics covered include moral rights, trade marks, reporting restrictions, privacy, trespass, harassment, obscenity and data protection. There is detailed consideration of problems specific to photographs within each area of law together with an overview of the general principles. There is also detailed consideration of decisions of the Press Complaints Commission and the Advertising Standards Authority.

This book describes rights, concerns and legal issues for photographers both before and after shooting their images. It addresses a variety of topics, including: how laws are made and enforced on state and federal levels; rights when photographing in public places; how to safely and legally gain access to private property; photography on tribal lands, at government and military facilities, and other specialized locations; privacy and liability; security monitoring and photography in the workplace by both employers and employees; obtaining permission to photograph children, adults, and private properties, plus tips for ensuring release forms are adequate and enforceable; restricted subject matter and common misconceptions about what can't be photographed; how to avoid confrontations and what to do should they arise; what to do if equipment is seized by law enforcement, government agent, or private individual; protecting intellectual property; rights of the photographer and subjects when licensing images or publishing in a commercial context; and formulating a clear ethical code.

"Includes: how laws about photography are made on a local, state and national basis; the enforcement of laws, both criminally and civilly; photography in public and private places; privacy issues; understanding restrictions on subject matter, such as copyrighted material, currency and military installations; lawful and unlawful seizures of your film and equipment; establishing your personal ethics as a photographer." - back cover.