Professional Studies Legislation report
Copyright is a photographers most valuable piece of legislation they can use . Copyright protects their work and photographs from being stolen either off the internet or by clients and then be reused or for other people to claim it as their own. Copyright can protect the work of a photographer for however long they live for and 70 years afterwards. if a photographer is working free lance then it is essential for them to copyright their work as it can be an investment in the future if their work was to become a masterpiece and people wanted to buy it . if a photographer is employed by a media company or a press company then their work may be held under copyright of their employer. this is normally highlighted in their contract, this can because although the photographer is taking the photographs , the equipment is owned by the company in which the photographer is employed by.
Moral rights is a part of the copyright laws which includes certain acts which protect photographers too such as an act which gives photographers a right for them and their work to be identified and credited when being used by other people. this is to protect a photographers work and also the financial side of their work insuring that they get paid for usage of their work.
Moral rights also include acts such as the right to objectify to false attribution which is used when a photographer is labelled the creator of a piece of work which isn't theirs. this right can only be used for up to 20 years after the photographer who has been falsely attributed has passed away. This act is to safeguard a photographers reputation and standard of work and also to protect the photographer from any copyright claims from the original owner of the work.
Finally moral rights include the right to privacy which stops people from using work or materials which was commissioned for private use. if the work wants to be used then the photographer has the right to choose to licence it for use.
Both the Association of Photographers (AoP) and the National Union of Journalists (NUJ) are both committed to helping and legally backing up their members against copyright infringement and ownership of an photograph and help provide clear information on the subject to help its members.
Contract laws are laws regarding the use of contracts and over legal documents which are used when photographers working for clients or doing commissioned work . these contracts are legal binding documents which promises that a photographer will do the work in exchange for payment by a client. Contracts are also used to state areas such as who keeps the copyright, how long the work is allowed to be used for and how long the photographer will work for and the price for this hours. As long as the photographer abides by the contact which both sides have agreed too and signed then the work what's been produced and must be paid for. If either the photographer or the client do not follow the contract then legal action can be taken if the issue hasn't been resolved between them both.
The rights associated with the contact for the photographer will include , the right to be paid for their work which they have produced, the right of copyright of their work and ownership ( if not agreed to be given to the client. the rights for the client can include the right for good quality work which they have asked for. to pay the price which both the client and the photographer has agreed too , the right to the amount of days of usage given to them and the ownership rights if given to them by the photographer.
Other types of documents which can be used in conjunction with the contracts include model release forms , property release forms and licence to use forms. these all can be used with the contact to unsure that the photographer is legally safe.
A model release form is a document which is between the photographer and the model which gives the photographer permission by the model to use and publish the photographers work. this protects the photographer from being sued by a model if they don't want their photographs used unless the form has been signed. in the case of a model being under 18 and technically not an adult then the models parents or guardians will sign on the models behalf. A property release form works in the same way but instead of models it's for the property or place which is being photographed and would have to be signed by the owner, for example an location shoot on a farm would need to be signed by its owner to be used.
Licence to use forms state how long a client can use the work done by the photographer, typically its about 30 working days after the work has been paid but can be changed for the clients requirements. normally a fee would be put in place if the client would want to use the work after the initial period of time. this is to stop clients from using the work for other things such as advertisement can prove that it was only meant to be used in a certain amount of time given by a photographer in court.
Professional insurance for photographers:
Photographers both freelance and employed will need special insurances in order to make them able to work legally and professionally. typically a professional photographer will need. Professional liability insurance, general liability insurance and business owner insurance.
Professional liability insurance is insurance with will protect the photographer from being sued by for things such as technical failures and unhappy clients. for example if a camera broke down in the middle of a wedding or a memory card was faulty and so all the photos were lost, the photographer would be protected from clients suing them for not being able to deliver a service or fully fulfil the service which was originally offered.
General liability insurance covers a photographer in the event of a model or client having an accident or getting injured while being photographed. this insurance would cover the medical costs for the model or client. for example if a studio light fell onto someone and they had to go to hospital then the insurance would cover the costs and cover the photographer if they was sued.
Business owner insurance generally covers equipment damage or theft which would stop the photographer from being able to provide the services they are promoting. this can cover cameras , computers and studio equipment. this can also be upgraded to cover fire damage , electronic data lose and cover hired equipment too.
If a professional photographer has these three types of insurance for their practices and along with their contract forms and they abide by health and safety laws then the photographer would be safe and covered from any legal issues which may arise.
Health and Safety and risk assessments:
As for all businesses including photographic businesses , they are affected by health and safety laws and requirements which are laws put in place by the government to help prevent accidents and deaths from happening at the workplace. The health and safety at work act was brought into Great British laws in 1974 and was designed to protect employees at work against accidents and also to legally protect employers if they follow the health and safety act at their business. A photographer who is running a studio or employing assistants will need to follow the health and safety laws in order to run their photographic business legally. normally where should be a health and safety legislation poster which will tell the employee what they are covered for at the work place , how to report and accident and other information such as first aiders. health and safety laws for a photographer could be that all the equipment is properly maintained and suitable for its purpose , taking breaks every 15 minutes while working on computers and proper training of equipment.
For a Film based photographer or photographic studio , they would need to comply with COSH (control of substances hazardous to health) to ensure all their darkroom chemicals are stored correctly and not going to danger anyone around them. safety measures can include chemicals stored in locked cupboards , using proper PPE ( personal protective equipment) such as gloves and goggles and giving proper training to use the dark room chemicals.
Shooting on location would have different risks to that in a studio but a risk assessment form would still need to be filled out and down , typically risks when shooting on location would be making sure the photographers have public liability insurance against being sued for accidents while on location . making sure all equipment is safe to use and making sure things are compliant with health and safety laws.