Course Number: ARTD 267
Course Name: Intro to Video Art
Professor: Mr. Bart Woodstrup
Disclaimer: I am not a lawyer and this is not legal advice. Use at your own risk. Laws vary by state and change over time.
When you are on public property (a street, sidewalk, city park, etc) you can generally take pictures/videos of what you see. However, even on public property you cannot take photos/videos that impede on someone's privacy. For instance, the university is public property, but you cannot take photos/videos in bathroom's or private offices. You should NOT take pictures on private property without prior permission.
Along the same lines, do not sneak photos/videos of unsuspecting parties (up skirts, over shoulders, etc.). If you take a photo/video where a person is the obvious subject, it is probably in your best interest to have a release signed.
If you take a photo/video with the intent to use that image in order to bring harm to another person, you may guilty of assault or libel - this is not considered "free speech." Again, if you take a photo/video where a person is the obvious subject, it is probably in your best interest to have a release signed.
Military bases, nuclear facilities, and other "government" facilities can restrict photographs/videos – even from a public location. You should be cautious taking photos/videos near any of these locations. Legal authorities may assume you are trying to compromise national security.
What do you do if someone accuses you of taking a photo illegally? Unless you have obviously taken a photo that you shouldn't have (as in some of the situations listed above), politely ask the person questioning you the legal basis and authority they have for asserting that you have done something illegal. Your camera is your personal property and you have a right to keep it unless you have been arrested or have been given a court order.
If you are intending to profit from the images that you are creating then I strongly suggest you obtain a release - specifically one that allows you to keep all rights and royalties to the image. In this situation you would be wise to consult with an attorney.
Here are some examples of a release:
"A legal release is a legal instrument that acts to terminate any legal liability between the releasor and the releasee(s) signed by the releasor. A release may also be made orally in some circumstances. Releases are routinely used by photographers, in film production, by documentary filmmakers, or by radio and music producers when they photograph, film, video or record the voice or performance of individuals to be sure that the person consents or will not later object to the material being used for whatever purpose the releasee (or anyone they may assign the release rights to) wishes, i.e. that the releasee wishes to use the images, sounds or any other rendering that is a result of the recording made of the releasor (or property owned by the releasor for which the releasor may claim some other right such as industrial design rights, trademark or trade dress rights). This will help in insuring the copyright owner has a clean chain of title for any work if it is later published, broadcast, shown in a public cinema or otherwise made public."
"Legal Release." Wikipedia. 2009. Wikimedia Foundation, Inc.. January 2010
http://en.wikipedia.org/wiki/Legal_release |
