1. Legal & Ethical Issues
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Copyright:
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- All photographers have their rights protected, this means as soon as the shutter clicks you
have copyrighted that photograph.
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- Copyright lasts the whole length of your life and gives you exclusive rights which means you
have to power to do what you want with it.
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- The only exception is when the work is created on behalf of a ‘work for hire’ contract.
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- Copyright allows you to make copies, distribute copies, display the image publicly, make
modifications, sell image, sell copyright.
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- Fair use on the owners rights depends on the nature of the copyrighted work, purpose of use,
portion of work versus work as a whole and the effect on the potential market.
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- Infringement is the unauthorised use of work without the copyrighters permission and is
classes as ‘theft’.
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Model Release:
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- Model release is document that agrees terms with a model which allows the photographer do
what they want with that photograph.
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- Models normally sign on the date that their photograph is taken and should be in writing.
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Uses:
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- Editorial use are defined by public interest, educational, historical, entertainment and art use.
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- Commercial use is advertising, promotion, endorsing an area, support for religious or political
use and should make sure the person in the photograph agrees with the cause.
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- You are not allowed to use a photograph that capture a private persons space, you are not
allowed to use the photograph in false publication and release any private facts about the
individual.
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Other Parts:
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- People in public areas have no expectation of privacy so the photographer does not violate
any right of privacy when taking photographs.
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- Public view can be photographed but private places require consent.
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- Security guards and in some cases police do not have the right to confiscate your
photographs but they can ask you to move away if you are impeding activities.
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- Animals have no laws when it comes to photographs but only when an animal is owned and
the photographer is making money from that photograph then the animals owner can step in.