The Legalities of Photography

One of the tricks, when you decide that you are ready to do something a wee bit more formal than than taking photos of the neighbour's kids is to realize what sorts of legal capers you can get wrapped up in with regards to photographing images that you don't own.

A quick search of the world results in some worthy discussion of legal releases, waivers, "get out of jail almost free" options. 

Photosecrets has a review of when you need to have your subjects sign a release. Dan Heller has a great article on when you need a release as well. That being said, if you are still not convinced, nothing beats having authentic legal advice.

Comments

[author]

Both "legal" resources for which you provide links are American (as in USA, not Canadian).

In addition to the Copyright Act [ http://canlii.org/ca/sta/c-42/whole.html ] which tells you that a photo created of your own will (not hired work) belongs to you, there is common law (judge-made) which says you must pay a model for commercial work and respect people's right to privacy in the publication of your photographs [ http://www.canlii.org/en/ca/scc/doc/1998/1998canlii817/1998canlii817.html ] but news work is exempt from such privacy protection [ cite? ].

Are all bloggers journalists?

[jules]

Thanks for the posting! I was having a time chasing down Canadian bits, but from your citations, it looks like there isn't a terribly huge difference between American and Canadian photographic legal issues. Thanks for posting the Canadian specific links!

-julie

[cymnsoofs]

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