The Photography Law Handbook / Steven M. Richman.

Format:

Book

Author/Creator:

Richman, Steven M., 1955- author.

Language:

English

Subjects (All):

Photography--Law and legislation--United States.

Photography.

Physical Description:

1 online resource (424 pages)

Edition:

Second edition.

Place of Publication:

Chicago, Illinois : American Bar Association, [2021]

Summary:

The ethical and moral debate about photographic images in this global society continues to increase dramatically. Freedom of speech and the right of privacy are more and more in conflict. This updated book provides both a practical and personal perspective on the photographer's critical rights and obligations.This unique resource covers core areas of intellectual property law, tort law, and criminal law and contains necessary information for lawyers, photographers, and content creators. The book covers copyright, privacy and defamation, trespass, social media--and includes discussions about the evolution of drone photography. Lawyer and photographer Steven Richman uses several additional cases and situations to illustrate the potential pitfalls a photographer may encounter.

Contents:

Intro

Title Page

Copyright Page

Dedication

Contents

Acknowledgements

Preface to the Second Edition (2021)

Preface (2014)

CHAPTER 1 : The Legal Terrain

Getting Started

The Prevalence of Image

Photography as Art

Critical Photography

Is This a Photograph?

Choice of Law

Territorial Considerations and Personal Jurisdiction

Criminal versus Civil Law

Civil Law versus Common Law Jurisdictions

Taking versus Using

Legal System in a Nutshell

Putting It in Perspective

CHAPTER 2 : Understanding Intellectual Property

Introduction

Copyright

What May Be Copyrighted

The Berne Convention

Bundle of Rights

Can a Photograph Be Both Copyrighted and Trademarked?

Photographic Creativity and Originality

Scenes a Faire and Thematic Concepts

Merger Doctrine

Graffiti and Murals

Tattoos

Derivative Works

Registration

Proving Copyright Infringement

Access

Substantial Similarity

Contributory Copyright Infringement

Public Domain

Fair Use

Instagram

Parody

Appropriation Art

Other Exceptions to Exclusive Rights

Internet Issues

Joint Authorship

Collective Works

First Sale Doctrine

Government and Copyright

Sovereign Immunity

Remedies

Digital Millennium Copyright Act

The Communications Decency Act

Plagiarism

Architectural Works

Mannequins and Dolls

Moral Rights

Work for Hire

Trademark

Overview

Types of Trademarks

Passing Off and Reverse Passing Off

Distinctiveness

Trade Dress

Need for Use as Trademark

State Trademark Laws

Factors Constituting Likelihood of Confusion

Buildings

Artistic Expression

Celebrities

Trademark Fair Use

Trademark, Copyright, and the Public Domain

Contributory Trademark Infringement

Hyperlinks and Metatags.

First Sale Doctrine

False Advertising

Trade Secrets

CHAPTER 3 : Torts, Privacy, Defamation, and Related Statutory Claims

Torts in General

Defamation

Privacy

The New York Statute

The California Statute

The Massachusetts Statute

Fourth Amendment Issues

Common-Law Claims

Intrusion upon Seclusion

Publication of Private Facts

False Light

Misappropriation

Drones

Unfair Competition Laws

Consumer Protection Laws

Characters

Anti-Paparazzi Laws

Photographing Minors

Right to Publicity (Celebrity)

Intentional and Negligent Infliction of Emotional Distress

Stalking

Nuisance

Interference with Contract/Prospective Economic Advantage

Misrepresentation and Fraud

Photographs as Evidence

CHAPTER 4 : Contract Law

Contract Best Practices

Releases

Licensing

Express License

Implied License

Estoppel

Express Authority, Apparent Authority, and Implied Authority

Shrink Wrap, Browse Wrap, and Click Wrap

Satisfaction Contracts

Personal Service Contracts

CHAPTER 5 : Property Law

Private Property

Use of Images of Private Property

Public Property

Museum and Website Access Restrictions

Cameras in the Courthouse

Employer Cameras in the Workplace

CHAPTER 6 : First Amendment Rights

First Amendment Rights of Photographers

Regulation of Street Photography

Security Concerns

International Considerations

Enforcement of Foreign Judgments and the SPEECH Act

Social Media, Gag Orders, and Prior Restraint

Terry Stops

When in Doubt

Practical Realities

Photographing Law Enforcement

CHAPTER 7 : Ethics, Civil, and Criminal Issues

Ethics, Morality, and Law.

Duty to Rescue

Duty to Report and Seek Assistance

Manipulation

Individual Choices

CHAPTER 8 : What Cannot Be Photographed

Obscenity and Pornography

Video Voyeurism

Currency, Checks, Stamps

Desecration of Flags

Special Situations

Foreign Conventions, Statutes, and Laws

About the Author

Index.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Richman, Steven M. The Photography Law Handbook, Second Edition

ISBN:

1-64105-942-7