l02 legal and ethical

LO2: Copyright, Release and Consent Form, Legal and Ethical

Legal/ethical considerations 

"Introduction

Today, if you are doing something creative you should have permissions to do so also you will need to think about copyright as people can still your work and copyright what will mean it's their work.

Laws(Copyright)

The rights of the artist are protected by the country's constitution.

Article 1 Section 8 - The Congress shall have Power: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

Photography, painting, and Graphics are “Useful Arts”

  “For Limited Time” – Your life + 70 years

  “To authors” – That’s you - the Artist or Photographer

  “Exclusive Rights” – power to control your work"

Form of protection that gives to the artist or creator exclusive rights to use and reproduce their work and they are allowed to sell their product or can give rights to produce the work based on their product.

 Copyright is Federal Law not State Law, so law is uniform throughout U.S.

 U.S. has signed international Copyright agreements, so it is impossible to steal the idea, even if you are coping from another country, it means that everyone who has copyrighted their product or got a patent are protected by the law.

  Model release

•  Document stipulating terms under which the Artist may use pictures of a model for business purposes as advertising.
•  Can say what ever the Artist and model agree on the paper and it will be clear for everybody what is allowed to do and what is not.
•  It is also agreed that artist could work with the picture or video to improve the quality 
• Should be written on the paper and signed personally, what means it's impossible to sign with a fake signature.
• Getting a model release at the same time while you are taking photos is very often but it will be better to make sure that document is signed before starting the work.

As my theme is street photography, i therefore do not need a release and consent form as I took the images in a public place.

Taking Photos in Public

•  Generally, people in public areas have no expectation of privacy so the Artist does not violate right of privacy when taking photos but in case if their face will be on the picture, people could ask to delete it or they can just ignore this and it's their right to give permissions.
•   Private places will require some kind of agreement to film in this area as placeholders wouldn't like to see their place in the film or on the photos or they could be paid that they will allow to film on the territory. 
•  Public figures & public events have less right to privacy than do private person/events as lots of people are allowed to take pictures without permissions as they probably paid for this event or there just nothing private in this area. 
•  In some states, using hidden cameras, or zoom lenses may invite criminal or civil penalties as people are not aware about this and it could abuse them.
•  Privacy laws are different in every country but to make sure that everything is legal, it's better to red a constitution before starting.
•  Law could be unclear and you could get a penalty and you will need to ask several questions about privacy calling to the call centre of local government.