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.

Rod Stewart Is Being Sued in Copyright Dispute Over Photo Usage at a Gig

Legendary rock singer Rod Stewart has joined the growing list of celebrity musicians being sued for copyright infringement. The case follows incidents involving Bruno Mars and Jessica Simpson, who both became embroiled in high-profile copyright court cases. Unlike his peers, Stewart is accused of using imagery for a gig backdrop without permission. 

Photographer Has Close Call With Scammer

If you have a strong online presence or pay to market your photography business, bogus leads can bombard your inbox. Atlanta photographer Katie Coon received one recently. 

Jail Inmates Given Photography Classes

Photography is not commonplace in America's jails. However, an article recently published in the Greenfield Recorder reports on photography courses given to inmates in Massachusetts and the reactions of the students. 

USPS Licensed the Wrong Photo, Guy Makes $3.5 Million

In a court ruling last week, Robert Davidson, the sculptor of a Statue of Liberty replica in Las Vegas, was awarded $3.5 million because the U.S. Postal Service mistakenly licensed a photo of his statue instead of the real Lady Liberty. 

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. 

Trademark for Photographers: Protecting Your Brand and Photography Business

Try searching your own name. Now, what do you see? Most importantly, what do your clients see? 

Google just can't distinguish between similarly named photographers.

87 percent of China's population shares the 100 most common surnames. "Chan" (also spelled as "Chen") is consistently ranked among the top 5, this translates to millions of people having the same last name.

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. 

Like, seriously, how bad would it be if I just included ten seconds of that Macklemore track for my opening credits? I mean, what's the worst that could happen?

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! 

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.

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.

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.

Arrests Made in The Camera Store Robbery After Equipment Ads Appear Online

The Calgary Herald reports that tip-offs from members of the public posted on social media have been instrumental in leading to arrests over $27,000 worth of stolen gear from The Camera Store on the weekend. 

Two suspects were taken into custody after meeting undercover police who responded to an online post that appeared to be advertising one of the stolen cameras.