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"--

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.

Over the years, photographs have enjoyed a variety of forms of protection, but traditionally the protection of photographs has been placed within the law of copyright. While photography as a technique has been around for 150 years, protection issues in photography, as in copyright in general, have been complicated in recent years by the advent of new technology, enabling the digital storage, alteration, and reproduction of images and facilitating their global dissemination via the Internet. Until now, very little has been written in English about the protection of photographs. This work provides an overview of the law and history of photograph protection in 16 jurisdictions. Each country chapter provides a survey of the major issues of photographic protection, broken down for easy reference into eight sections: definition originality authorship and ownership term of protection economic rights moral rights contracts the relationship of copyright with privacy and publicity rights. This book will be of great interest to anyone concerned about the discrepancies within the copyright protection scheme in an age of increasing globalisation. In particular, it will be useful for copyright lawyers, collecting societies, photographers, photograph agencies and publishers seeking clear information about the copyright implications of photographs. INFORMATION LAW SERIES 7

Essay by Perry Henzell A look into the secluded world of Rastafarians, a culture and religion closed to outsiders. With these bold portraits and landscapes, Cariou indelibly captures the strict, separatist, jungle-dwelling, fruit-of-the-land lifestyle, popularised by reggae legends Bob Marley and Peter Tosh. The book's release follows that of a collaborative reggae CD. With 105 tritone photos. '...the photos will stun you with the beauty of their locations and the poise and tranquillity of their subjects' - Newsday