In order from best to worst, here are my choices.
1. Angel Audio Production - Angel, Renferd K
2. Cajogi Designs - Hardy, Tyrone
3. Terheide Designs - Terheide, Melinda M
4. Chelz Productionz - Lucero, Chelsea Elizabeth
5. Rockabilly baby Design - Hayford, Kristin
6. Stratoflyer76 - Howard, Brett Carroll
7. Primary Design - Lee, Sean Anthony
8. MaDeiRich Photography - Uy, Maria Feinila D
9. GADesigner - Cordova, Jake Charles
10. Raymond Game Production - Hearty, Raymond
11. Everetts Blog - Hearty, Raymond
12. VE&MG – Orton, David
13. Colorblind production - Hearty, Raymond
14. Casey Photography - Hearty, Raymond
15. Eduardo’s Fashion World - Hearty, Raymond
16. Bowman Life Studios - Hearty, Raymond
17. Keith_Hasson ailv - Hearty, Raymond
18. Eric Beymer Photo – Beymer, Eric
19. Charles Animation - Hearty, Raymond
20. MogulVision - Hernandez, Edwin Jess
21. Ozzy_702 - Lopez, Osvaldo
22. rmsFilms - Silvera, Richard Michael,, Jr
23. Boys Grow Up - Spencer, Randi J
Thursday, December 16, 2010
My Opinion
I took issue with a few of the opinions on the questions I had. Mostly with the Princess Diana incident. My initial thought, even remembering back to when it happened was that the paparazzi were clearly at fault for her death. It was the photographers who harassed her, it was the photographers who chased her in her car forcing her driver to drive recklessly in order to escape the marauding terroristic photographers who were greedily trying to pry into her personal life for a profit. Shame on them, they committed manslaughter at least and they should have been punished.
But my mind was changed, and I began to realize that the fault was with the driver. He was not running away from imminent danger, just a bunch of photographers. It was the driver who was responsible.
But my mind was changed, and I began to realize that the fault was with the driver. He was not running away from imminent danger, just a bunch of photographers. It was the driver who was responsible.
Rule of Law
To summarize what I have learned through this project, it is clear that the laws regarding the rights of photographers is a lot more forgiving than I originally thought. A photographer in public is free to shoot just about whatever he or she desires. However, having learned what I have, I see it absolutely necessary to carry a few model releases whenever I embark on a photographic journey just in case. In this world of sue-happy people, one cannot be over protected, and a model release is just a signature protecting me in case I take a really good photograph. The bottom line is: CYA but don’t let being cautious stifle your creativity.
Wednesday, December 15, 2010
Reasoning of the Law
The lawyer I interviewed was forthcoming with information on the law as she understood it. She was, however, careful with her answers. But the logic was clear, and I sometimes would tend to disagree with the opinions on the laws, she explained points that I had not considered. I dare say that lawyers study hard to achieve that title, and they have to because the laws which govern our society are not entirely left up to "common sense." There are legal precedents and court rulings on cases that baffle the smartest minds. Apparently, that's why we have the supreme court.
A tiny village could be left to the wisdom of the great elder, but a city... A city like Las Vegas needs many professionals to interpret the law and maintain a civil society.
We need Lawyers.
A tiny village could be left to the wisdom of the great elder, but a city... A city like Las Vegas needs many professionals to interpret the law and maintain a civil society.
We need Lawyers.
The Questions
These are questions that I carefully considered as I will soon embark on a career of photo/videography. I tried to imagine issues that I may encounter and I searched the internet for issues that other photographers have gone through. I used issues that I as a videographer had encountered, and learned a lot. However, I have also learned that nothing takes the place of a real lawyers advice. Advice that I can call on and use to defend against overzealous authority figures who are willing to push me around on the gamble that I don't know my rights.
Legal Authority
The lawfirm of John Peter Lee was not an "ideal" choice for me as they do not specialize in copyright law. They were however receptive to my needs and willing to take the time to answer my questions. I made contact with the firm through networking. A fellow student handed me their card and suggested that I give them a try. This could not have come at a better time as I was finding that some firms out there were not good at returning a phone call. "Ideal" choice or not, Yvette, had the knowledge and was willing to steer me in the right direction.
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.
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.
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