1. Photography and the law COM 241 Photography I

2. zOK to shoot pictures in public places without permission yUnless photographer is overly intrusive xRon Galella and Jacqueline Onassis xFollowed her into restaurants, stores, etc. xRestricted to 25 feet from her

3. The late Jackie Kennedy Onassis sue Ron Galella, a self-styled paparazzo photographer for harassment and won. The court eventually restricted Galella from taking pictures from within 25 feet of Onassis. / Joy Smith

4. Schools zAt a public university you can take photos just about anywhere yLab, class, gym yBut you can’t take pics of class in session w/out teacher’s permission zFor public elementary, high schools need principal’s permission to enter school grounds

5. Invasion of privacy zIn public places usually the test is newsworthiness vs. subject’s right to privacy yIf photo is newsworthy then courts side with media yUsually courts accept what media considers newsworthy

6. A photographer has the legal right to take this picture because the accident has occurred on a public street. / Carolyn Coe, Sacramento Bee

7. A state trooper illegally tries to block the cameras of two photographers from the Palm Beach Post who where covering the arrest of an armed robber. Photo by C.J. Walker / Palm Beach Post

8. zOn private property, need owner’s permission xMall, business, hospital, etc. xHowever it’s OK to shoot pictures of people on private property if you shoot from street

9. In Florida Publishing v. Fletcher (1976) the court said since fire marshal had asked photographer to take pictures, not invasion of privacy, which is what mother sued Florida Times Union for.

10. In a pre-dawn raid on April 22, 2000, armed U.S. federal agents seize Elian Gonzalez from the home of his Miami relatives. In this instance the photographer had been invited into the home by the homeowners. Photo by Alan Diaz / AP

11. Where a photographer can shoot zPublic areas yStreet, parks, zoo, university campus yPrivate areas visible from public places xPorch, lawn, window of home zOnly with permission yCourtrooms, hospital, shopping malls, public schools (grade, high school)

16. Misappropriation zCan’t take a picture of someone and use it in an ad without their consent zNeed to get written consent or release form signed by subject Forbes magazine reported Lebron James’ endorsement income in 2010 to be $30 million.

17. Woody Allen sued a clothing company (American Apparel) for at least $10 million for using his image on billboards. The lawsuit complained of a billboard featuring a frame from "Annie Hall," a film that won Allen a best director Oscar. The image showed Allen, 72, dressed as a Hasidic Jew with a long beard and black hat and Yiddish text. The words "American Apparel" also were on the billboard.

18. The photo of President Obama was taken by the Associated Press, and features him standing at the Great Wall of China with a pensive expression. The ad was installed on a billboard in New York City’s famous Time’s Square, one of the most visible areas in terms of its ad space.

19. Cameras in the courtroom zChandler v. Florida (1981): Supreme Court said allowing photographers to take pictures during trial not automatic violation of defendant’s right to fair trial zFederal courtroom closed to photographers

20. zMost state courts allow cameras yDiscretion of judge yKey trial participants agree yRules: xWhere cameras can be placed xHave to use available light xPooling arrangements

21. zIllinois yStarted pilot project in 2012 for trial courts xExperimental basis xExceptions: divorce, juvenile, sex crimes yAt discretion of judge yAllows up 2 video and 2 still cameras, live blogging xAvailable light xStay in one place

22. Accused of bending over and baring it all during a show, an exotic dancer demonstrates for the judge that her underwear covered up anything illegal. / Jim Damaske

23. As convicted murderer Bennie Demps heard the judge pronounce him guilty of yet another murder--this one of a fellow inmate at the Rayford State Prison in Florida-- Demps turned to his lawyer and grinned, his smirk a sharp counterpoint to the grim group of guards and legal counsels who witnessed the sentencing. / Bryan Grigsby, Gainesville Sun

24. This photo of convicted child-murderer and rapist Richard Allen Davis was taken following the jury’s guilty verdict. The photo ran on the front pages of the San Francisco area papers’ front pages.

25. Guilty plea: The R&B singer Chris Brown sat with his head in his hands during a preliminary court hearing in LA for assault. Rihanna, pictured with her attorney Donald Etra in court, did not have to testify and spoke only briefly during the hearing

26. Copyright zWhen the employer owns copyright yCovers full-time employees of publication yEmployer owns negatives/files, plus right to sell pictures after publication zWhen photographer retains copyright y“work-for-hire” yNot a full-time employee, freelancer yYou work on an assignment-only basis

27. My Lai massacre / United States Army photographer Ronald L. Haeberle Migrant Mother / Dorothea Lange, Farm Security Administration Not copyrighted photos

28. Tetons by Ansel Adams, 1942 (National Parks Service)

29. Copyrighting photos zStandard procedure is to put copyright symbol followed by name and date y© Your Name, Date yDon’t have to do this to preserve copyright xAs soon as photo is in “tangible form” it’s copyrighted