Photography Law & Legal

Photography has a legal dimension that most photographers encounter sooner or later — usually at the worst possible time. This section covers the practical legal issues that affect working photographers: copyright registration and enforcement, model and property releases, contract essentials, licensing terms, and what to do when someone uses your work without permission. Not legal advice, but the informed foundation every photographer should have.

Court Rules Images That Are Found and Used From the Internet Are 'Fair Use'

A legal battle that erupted between a photographer and a Film Festival after the latter used a copyrighted photo has concluded with a federal court in Virginia, which ruled that taking an image from the Internet without permission for a commercial website can be considered fair use.

What If Even the Smallest Copyright Infringement Paid Out $30,000?

As photographers, we all get annoyed when our images are being used without permission, and taking legal action is, for most of us, simply not a viable option. However, that might be changing as one law firm has discovered a means of making companies pay for even the smallest infringements.

Sweet, Sweet Justice: How a Stolen Photo Cost the Thief $60,000

It's no secret that photographers often have to deal with people stealing their photos and showing little respect for the hard work that goes into creating a quality image. So, it's always nice to see when a bit of justice is handed out and the photographer's rights are upheld.

How to Report an Instagram Copyright Violation in Under Two Minutes

Every day sees tens of thousands of copyright infringements on Instagram, and despite this vast number, reporting violations is very confusing — perhaps deliberately so. While my first attempt took almost 20 minutes, I can now complete a report in under 90 seconds. This quick guide walks you through the process and helps to make it as painless as possible.

The Perils of NOT Using Royalty Free Music

So, you’ve been told time and time again that royalty free music is the way to go when it comes to selecting beats for your videos. But part of you can’t help but wonder about the alternatives.

Lawyers Blame Photographer After He Was Shot by Deputy Who Mistook His Tripod for a Gun

You might remember Andy Grimm, an Ohio photographer who was shot by Deputy Jake Shaw after he stopped to take pictures of a traffic stop and his tripod was mistaken for a gun. Grimm filed a lawsuit against the county, but lawyers say not only were the deputy's actions "reasonable," but Grimm's own "negligence... contributed to cause the injuries."

Now or Never: Protect Your Rights With the CASE Act

It’s time to get involved in protecting your copyrights if you’re a photographer based in the USA. The H.R. 3945 CASE Act is a piece of legislation that has been winding its way through Congress since October 2017, and it would allow photographers to better protect and defend their copyrights, but it needs your help!

Making Heads or Tails of Flying a Drone Over U.S. Public Lands

Where you can or cannot fly a drone when it comes to United States public lands is a confusing topic with an answer that has to be pieced together by studying multiple government websites. Navigating the gauntlet of online information can be daunting but I'm here to help. 

Court Injunction Insists Canon Italia Must Remove Elia Locardi's Image

In January I broke the news Canon Italia had posted a landscape composite without credit, stolen elements, and which were taken on a Fujifilm. It garnered quite a lot of attention and Canon Italia replied, only making matters worse. Well, Elia Locardi has taken the situation to court.

Why You Should Never Upload Your Images to Unsplash

If you've ever considered uploading your work to Unsplash, you should probably watch these two videos, or at the very least, familiarize yourself with the points raised by legendary commercial and editorial photographer, Zack Arias. If nothing else, Arias wants photographers to understand the risk of facing a lawsuit as a result of uploading their images to the site.

Owner of Viral ‘Grumpy Cat’ Wins $700,000 in Lawsuit

Grumpy Cat has become somewhat of a household name thanks to his immortalization in the world of memes, and the subsequent virality. The animal’s popularity become a lucrative business for its owner, who is said to have made profits into the millions. She has now won a bitter legal battle stemming from 2015, after a beverage company used Grumpy Cat’s name and image for an unlicensed range.

Monte Isom Shares How Copyrighting Your Photos Can Make You Thousands of Dollars Per Infringement

One of the most frustrating things a photographer has to deal with in today's market is having their work stolen or used for free. If you post images online, the chances of your work being used without your permission isn't just likely, but inevitable. How then can you as a photographer protect your images while at the same time publishing your work so you can promote your brand? In this free excerpt from our Making Real Money tutorial, Monte Isom shares the exact steps you need to take to both protect your work and recover damages caused by illegal infringements.

Canon Italy Responds and the Locardi Landscape Saga Continues

This week I wrote an article pointing out that Canon Italy (among other Canon EU pages and Instagram accounts) had posted a composite landscape that had a large amount of the image stolen from Elia Locardi. There was an enormous response to this and so I decided to dig for more information and between my research, the community, and Locardi himself, there's rather a lot more to unpack.

Drunk Droning Set to Be Illegal in New Jersey

New Jersey lawmakers approved legislation on Monday to ban inebriated drone operation. With drone sales continuing to skyrocket in 2017, there are increased concerns of drone accidents, leading to increased regulation worldwide on the aerial gadgets. If the bill is signed into law by outgoing governor Chris Christie or governor-elect Phil Murphy, the message that the state of New Jersey will deliver is don't drink and drone.

NTSB Issues Final Report on Collision Between Drone and Army Helicopter

The National Transportation Safety Board has issued its final report on a midair collision between a DJI Phantom drone and a Black Hawk helicopter in September of 2017 that damaged one of the rotor blades of the helicopter, becoming one of the first confirmed and fully investigated incidents between a drone and a manned aircraft.

Where Do Babies in Movies Come From?

I won't hold it against you if you've never wondered where babies come from in movies. But, it's good to know the details to understand how it works and ease out the planning should you be commissioned to shoot a lifestyle brand's advertising campaign. The general aim is to keep the babies safe on the day, to let them get the rewards for the work they put in once they turn 18, and to give the production team options and solutions, like booking twins or triplets so you either have more time to shoot the baby scenes as you can literally swap out the infants. This video shows how it works in more detail. 

Trump Reinstates FAA Drone Hobbyist Registration Rule

A couple of weeks ago, I bought my first drone: a DJI Mavic Pro. I’d been eyeing one for months, trying to decide if it was worth it and if I could justify its use for my business. I pulled the trigger right after Thanksgiving, have been trying to learn all of the rules about using it, and have been studying for the FAA Part 107 test ever since. And there are a lot of rules. And one of those rules is about to change — again— thanks to a bill President Trump signed yesterday that requires all drone flyers in the U.S., including hobbyists, to register with the FAA. 

Instagram Freebooting Is Out of Control and the Company Is Letting It Happen

As Instagram evolves, copyright violations don't seem to be an issue for this social media giant. More images mean more views which mean more ad revenue, and there is zero incentive for Instagram to take any serious action against reposters, lost as it is in this huge gray area of what constitutes a breach of intellectual property.

Know Your Rights: Basics of Photographic Copyrights

At this point I have lost track how many times I have been given inaccurate counsel from other well-meaning people, such as, "Make sure you copyright that so nobody can steal it," or "If you put it online then you give up your rights and it becomes public property." Such advice will only ever come from people who don't actually understand copyright laws. When it comes to copyright issues and navigating them, the only advice worth following is advice that can be backed up by law. If you receive advice that can't be backed up by legitimate copyright law then the advice is simply someone's opinion.

Shooting Professionally in Positano, Italy Will Require a Permit

The Italian town of Positano is one of the travel destinations adored by photographers and tourists because of its colorful and dynamic scenery. If you want to know how Landscape Photographer Elia Locardi photographed Positano and many other beautiful locations, check out Fstoppers' latest tutorial "Photographing the World 3." But before that, you need to be aware of the new taxes imposed by city council of the beautiful Italian town, regarding permits for photography and video.