Although understanding the differences between every day legal issues and federal crimes is important, and a part of the curriculum for this course, my primary concern was establishing a list of questions with a business mindset that would both protect me as an artist as well as prepare me for being a business professional beyond school. Thus, my questions are integrated to protect my intellectual property, as well as to provide an understanding of where my rights end and begin as a creator. “Anyone who uses copyrighted material without permission is violating the Copyright Act. Damages can be substantial.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This will also enable me to protect myself against legal action from future clients.
My questions are worded to place heavy emphasis on copyright and protective ownership and what sort of legalities may create a gray area for the business photographers. Perhaps one of the most important and often overlooked questions to ask is: “do I need permission to photograph this?” The answer is almost always yes, particularly when it comes to buildings or other landmarks. “The doctrine of fair use permits limited use of copyrighted material without permission of the author for purposes such as criticism, news reporting, scholarship, or research.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This is generally where release forms come into negotiation, but what about people? “Taking a photograph of a person without their permission may violate their right of publicity or their right to privacy. You must also take into account what you will be doing with those photographs [personal use or commercial use].” (Kimball Jones). However, I was advised that it would be very easy to get into trouble as a professional without the proper documents, and that a contract or release form would be very beneficial to me in the long run.
The questions that I was most interested in finding answers to, however, were related to copyright. As an artist, the most significant thing I can do beyond creating visual media is protecting that product – whether I intend to sell that product commercially or not, it is of great import to protect your intellectual property and to prevent others from claiming it as their own. “A work is copyrighted automatically once it is in tangible form.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Kimball informed that, although registering my images for copyright protection would further protect me in a legal issue, even without the registration I was still the copyright holder. “Registration with the Copyright Office of the Library of Congress is necessary only if the holder wishes to bring suit to enforce the copyright.” (Introduction to Business Law, Beatty/Samuelson, pg. 506)
My questions are worded to place heavy emphasis on copyright and protective ownership and what sort of legalities may create a gray area for the business photographers. Perhaps one of the most important and often overlooked questions to ask is: “do I need permission to photograph this?” The answer is almost always yes, particularly when it comes to buildings or other landmarks. “The doctrine of fair use permits limited use of copyrighted material without permission of the author for purposes such as criticism, news reporting, scholarship, or research.” (Introduction to Business Law, Beatty/Samuelson, pg. 507) This is generally where release forms come into negotiation, but what about people? “Taking a photograph of a person without their permission may violate their right of publicity or their right to privacy. You must also take into account what you will be doing with those photographs [personal use or commercial use].” (Kimball Jones). However, I was advised that it would be very easy to get into trouble as a professional without the proper documents, and that a contract or release form would be very beneficial to me in the long run.
The questions that I was most interested in finding answers to, however, were related to copyright. As an artist, the most significant thing I can do beyond creating visual media is protecting that product – whether I intend to sell that product commercially or not, it is of great import to protect your intellectual property and to prevent others from claiming it as their own. “A work is copyrighted automatically once it is in tangible form.” (Introduction to Business Law, Beatty/Samuelson, pg. 506) Kimball informed that, although registering my images for copyright protection would further protect me in a legal issue, even without the registration I was still the copyright holder. “Registration with the Copyright Office of the Library of Congress is necessary only if the holder wishes to bring suit to enforce the copyright.” (Introduction to Business Law, Beatty/Samuelson, pg. 506)
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