Category Archives: Legal Issues, Ethics, Model Releases

Photographer Ethics: Photo Opportunities and Propaganda

An interesting piece from photo journalism professor Dennis Dunleavy about the photographers dilemma when photographing staged events

something that I have encountered many times in my own career – is that many photojournalists forget about how the event is “staged” for the camera before hand. Many photojournalists, myself included, tend to get caught up with “getting the picture” and do not generally indulge in evaluating the moral complexities or consequences of a particular event unfolding before them and for them.

How many photographers, who are obviously relying on the sale of their photographs to put food on the table, are going to turn this down on moral grounds? As Dennis says, the event happened, and was obviously done to get a certain result. The photographer is “reporting” but is also an active participant in a manipulation of the media consuming public.

It’s an interesting issue, well worth reading Dennis’ thoughts about it.

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Portrait Photography Legal Issues Explored

Richard Wanderman poses the question of what he can legally do with his photographs of other people, one in particular of the musician Antonio Hart

When I took this picture of Antonio Hart at The Blue Note I posted a question in a technical thread on Flickr: could I print and sell this image of Hart without his consent.

Last night I was at The Blue Note in New York and shot a number of pictures of a famous jazz band, mostly of individual players like this one of Antonio Hart: Antonio Hart Soloing at The Blue Note My question for all of you pros and semi-pros is: what can I do and not do with a picture like this? I know I can post it here. I know I can print it for personal use, but can I sell it? Can I publish it in a magazine?

A good conversation ensues, covering aspects I would not have thought of like what the venue would have to say about it. I also did not realise a press pass is not a silver bullet solution in many cases, just giving you a few extra feet of proximity a lot of the time. It seems, as with pictures of the public, a lot of the decision would come down to “reasonable expectations of privacy”; the dude was on stage at a promoted event open to the public so really shouldn’t expect to be invisible, right?

Regardless, Richard did the right thing and asked the subject of the photograph his own opinion on the matter.

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Photographer Ethics – Diana Photograph Controversy

I have just been asked what I think about this kuffufle around the publication of the “Diana death picture

The ‘last photograph’ of Princess Diana taken moments after her fatal car crash has been published by a foreign magazine.

The black and white photograph shows the Princess being given oxygen in the Mercedes at the crash site at a Paris underpass.

Now it is an emotive subject for a lot of people but I can not make my mind up about this. On the one hand it seems in poor taste and is bound to upset people but on the other hand why ought she be treated any differently? Why is it ok to have gratuitous pictures of Iraq conflict victims but not a princess?

Personally I would never have taken it in the first place, let alone been in a position to sell it, Diana or not. I’m not entirely sure there is any good to come from this other than a big payday for the photographer.

What do you think? Would you take and sell this picture or not? Should it be published?

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Photography Boycott of Robbie Williams

As if you needed one, another reason to dislike Robbie Williams …

German Newspaper Puts Photography Boycott On Robbie Williams

On this place we wanted to print a picture of the Robbie Williams´concert. But we had to refuse to do so. The singer´s management wanted to constrain the photopraphers´ work by an adhesion contract which is unacceptable to us. The local chapter of the German Association of Journalist in Saxony called the restrictions a “flagrant example of an immoral contract” and appealed for a photo boycott. The Dresdner Neue Nachrichten follows to this appeal and will only publish a review in the edition of July 12, 2006.”

The contract which is given to photographers rules that all photographs are property of Robbie Williams and almost all copyright and authors rights are conceded to him, so there is practically not much use left.

OK, I was kidding (a bit) with that first line, it is probably over-protective management, record company and/or legal team at work here. It does raise an interesting issue though, who should own the rights to your own face? The raw material is yours but the “art” or intellectual property is the photographers …

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Photographers’ Money Woes

Chris wrote in a post of his how Carl Purcell had one of his photos appear on an American stamp and how he must feel since it was a stock photo and he basically got nothing out of it. Well spare a thought for Kelly Fajack. Here he finds people violating his copyright and making money from one of his photos, literally!

The central African nation of Burundi have used one of his photos without his permission for their 10,000 Burundi franc note. The photo was not in the public domain; it was just used on Mr Purcell’s personal website.

Quite rightly he is suing the Burundi government, but to sue a government is quite tricky. Good look with that Carl, I hope you get a fair and just outcome.

Read more about it here.

Photography, the Law and Privacy, Again

Yet again the law governing photography in the USA has been tested, this time landing in favour of the photographer. This was particularly interesting as it was not just a privacy issue but one of religious rights also.

A New York court ruled this week that a photographer who took pictures of subjects on the street without their knowledge and then made hundreds of thousands of dollars selling those images did not have to get the permission of his subjects because the intention of the work was art, not commerce. The ruling reaffirms that people in public spaces cannot assume any privacy privilege, even if, as in this case, the subject was an orthodox jew, who regard portraits as graven images and disgraces the man in his community.

Source: blog.photoblogs.org

As a photographer I enjoy taking pictures of people, scenes seem more alive with people in them, but I do not see it as a “right”. I wasn’t aware of this particular religious belief but I feel like I would prefer to be sensitive to it rather than inflame the issue by selling the photograph (marketability of my photography aside!).

Should we be able to take and sell photographs of people just because it is in the name of art? Does this cross over into rulings around photographing children?

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