Legal Questions

1. Q. A man and his son under the age of 18 were attending a public event. A photographer snapped a picture of them unknowingly. The picture ended up on an advertisement for the event a few weeks later. Are the father and son entitled to compensation for use of the photo.?

A. While the man is certainly entitled to hire the services of a lawyer and seek compensation, he should not get his hopes up. Any person, while in public , cannot reasonably expect privacy. There are exceptions to this rule, but generally speaking, in public, there is no privacy.




2. Q. An amateur videographer sets up a tripod on the sidewalk in front of a major Las Vegas hotel and begins filming the front of the hotel. He is not a professional cameraman, but his high-end equipment gives the impression that he is. Hotel security asks him to leave. Do they have that authority?

A. They can certainly “ask” him to leave and if he does so then they win. But a person taking pictures (video) from a public place of private property as long as the private property is visible from public property is free to do so.




3. Q. A guy works as a laborer for a company that does home decorating. The owner found out that he was good at photography and asked him to shoot some photos. Since being let go,
he noticed his photos were being used by the company on their website. He asked that they stop using his photos but was told that he has no legal right to them as there was no contract.

A. Without a contract, the photographer has a tough battle to fight. Typically, a company that hires a photographer will take copyright of any photos he or she shoots. The employee was paid for the time during which he was taking photographs regardless of if that was his official title.




4. Q. I have a portfolio website. The photos that I display on that website showcase my talent
and advertise my work in hopes of attracting new clientele. Is my portfolio considered “commercial?” Can I be forced to pay compensation to a person photographed in one of my portfolio photos?

A. Generally, a portfolios work would not be considered “commercial” unless the portfolios owner was directly soliciting sales of the work.




5. Q. A person has copied an image from my own website, changed the coloring, and now represents it as their own. Is this considered infringement?

A. Yes. A person cannot take an original work and change it slightly without being subject to intellectual property law. So long as the original creator can be proven.




6. Q. Nine photographers were charged with manslaughter in the death of Princess Diana. The charges were later thrown out. Do you agree?

A. As sad a case as it was, the true blame should be placed on the irresponsible driver who was speeding. The driver was not speeding away from harm, just photographers.




7. Q. It seems that celebrities cannot step one foot out of their house without being photographed. When does it become harassment?

A. It becomes harassment when a photographer impedes a person from traveling along a path. Aside from that the same privacy rules apply. In public, there is no privacy and a person walking down the street can be photographed with or without his or her knowledge.




8. Q. Do I really need to have a copyright C on my photographs in order to make ownership official?

A. Not really. In the case of a portfolio folder or online portfolio, a single copyright notification concerning the body of work should be sufficient.




9. Q. Do I need a model release if I am shooting the photos on my own property?

A. You should always get a model release if you intend to use a person’s likeness to make a profit. Whether you own the property the photos were taken on should have no bearing.




10. Q. Does a police officer have the legal right to confiscate my camera?

A. As long as cameraman was acting within his or her own rights, a law officer cannot confiscate property. And if it happens, be sure to get information especially what legal right the officer is using to take possession of your property.