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Special ReportHighline Community College Dan Morrill
Creative Commons Used to denote pictures that are free to use as long as you meet the creators idea of what and end user can do with the picture Fairly common in use, many free picture image searches available
Flickr and CCFlickr has wholegallery sets based onthe use of CreativeCommonsThis allows peoplewho want to usepictures on web sites,in movies, in media(flash, interactive) touse imagery fromothers, as long as theCC license isfollowed
Other sites it isnot so clearOther sites likeSmugmug do notexplicitly state thephotographers (ormedia’s) copyright.Some will put theircopyright in thesearch engine data(SEO) so that youcan tell if they arefull copyright orsome form ofcreative commons
You can search oncreative commonscreative commonssmugmug.com is agood Google searchto find images thathave a creativecommons license.You should alsofollow any otherdirections of thephotographer if youare using their work
This is focused on Washington State, your states laws will vary, sometimes widely. Right to publicity Right of performance Model release(s) Public VS Private photography Law Enforcement
http://rightofpublicity.com/statutes/washington All artists have a right to publicity: If the photographer did not have a release and took a picture of an artist the artist can request to have it taken down If the picture has been downloaded and copied the photographer could be at fault If the picture is hosted locally on someone else’s web server and used on a separate web site – the web site operator can be at fault Penalties can be steep, up to 1500 dollars per image or occurrence
http://rightofpublicity.com/statutes/washington If the venue where a public/private performance did not get a performance release, any imagery of the performers can not be used without permission by the venue, the photographer, or other parties Artists can sue, and win if the venue did not have a right of performance release Using an image off the internet does not imply that the proper legal forms were used Right of publicity and/or performance might not have been granted
First Amendment Parody or Satire Right of performance or model released obtained after the pictures or video were taken Signs in the venue that explicitly state that photography is going to happen and that the people in the venue waive all rights based on being there Contract as part of ticket sales about photography happening in the venue and waiver of rights
Some photographers do not or are not able to obtain a full model release In that case, all pictures of that model can become encumbered if there is a dispute between the model and the photographer Copying a picture of a model can result in secondary liability to the web site serving the picture of that model Model Releases not in a full legal name Some photographers grab a release in the model’s stage name Those are not always enforceable
Centers on the argument of “expectation of privacy” Taking pictures of people on a street corner is ok Taking pictures of people through their bedroom window is not ok (even if the curtains are open) Selfies – are ok as long as they are of age Police, Fire, Emergency Services are ok – as long as you are not in the way – and you obey requests to stay away and not be in the way Federal buildings, power plants, ship yards not ok – will cite terrorism act Riots, protests, marches are all ok – but if someone asks you to stay out of the way – you should do so
Public PrivateproblemsA picture of a rioterClearly identifiablepeoplePublic spacePublic eventUnknown Copyright(where did this comefrom?)Can I use it?
You might not know about any rights that were obtained with that picture Some concert footage can be taken down at the source, but your copy could result in a separate take down You might be unaware of any releases that were obtained from the subject You might be unaware of any litigation around the photograph or video causing you to get swept up in a lawsuit You might be unaware of any terms of service the picture violates (Selfies included) You might not be informed if a picture is taken down later opening your web site to a lawsuit for reposting
Contact the photographer Ask if you can use the picture for your web site Most photographers are ok with this if you ask, I have never said no to anyone who asked Purchase a license for the picture This is often expensive, the costs range from dollars to hundreds of dollars Search Flickr’s Creative Commons or Smugmug’s Creative Commons to pull pictures that are open to use Always credit the photographer/videographer – you don’t need to ask if you stick to CC pictures