Unit 27 - legal requirements and ethical issues.
model release -Â A model release, known in similar contexts as a liability waiver, is a legal release typically signed by the subject of a photograph granting permission to publish the photograph in one form or another.
licence to use -Â A licence to use or LTU is a licence to use an intellectual property such as a patent or trademark. This is distinct from other types of licence such as a licence to manufacture or copy the invention or design. It is the sort of licence commonly issued for the use of computer software.
copyright -Â the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.
trade mark -Â a symbol, word, or words legally registered or established by use as representing a company or product.
patent -Â a government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
copyright and legal requirements in relation to digital photography -Â
Photography tends to be protected by the law through copyright and moral rights. Photography tends to be restricted by the law through miscellaneous criminal offenses. Publishing certain photographs can be restricted by privacy law. Photography of certain subject matter can be generally restricted in the interests of public morality and theprotection of children.
In general under the law of the United Kingdom one cannot prevent photography of private property from a public place, and in general the right to take photographs on private land upon which permission has been obtained is similarly unrestricted. However, landowners are permitted to impose any conditions they wish upon entry to a property, such as forbidding or restricting photography. Two public locations in the UK, Trafalgar Square andParliament Square, have a specific provision against photography for commercial purposes without the written permission of the Mayor, or the Squares' Management Team and paying a fee, and permission is needed to photograph or film for commercial purposes in the Royal Parks.
Persistent or aggressive photography of a single individual may come under the legal definition of harassment.
Copyright can subsist in an original photograph, i.e. a recording of light or other radiation on any medium on which an image is produced or from which an image by any means be produced, and which is not part of a film. Whilst photographs are classified as artistic works, the subsistence of copyright does not depend on artistic merit. The owner of the copyright in the photograph is the photographer â the person who creates it, by default. However, where a photograph is taken by an employee in the course of employment, the first owner of the copyright is the employer, unless there is an agreement to the contrary.
Copyright which subsists in a photograph protects not merely the photographer from direct copying of his/her work, but also from indirect copying to reproduce his/her work, where a substantial part of his/her work has been copied.