Two Sample Pages from How to Use Images Legally

Please note, the images in the book are reproduced in black & white only.

People (continued)

Captions or Narration Can Cause Legal Trouble In using images, be careful not to:

defame the person in the image through captions or narration
portray them in a false light
libel them or slander them with falsehoods
injure their reputation
subject them to hatred or contempt
hold them up to ridicule
distort their image by cropping or altering

In all of these cases, an individual can sue for monetary losses and mental anguish.

Photographer for Park Avenue Productions If you are shooting original imagery of people to be used in a possible defamatory context, include this context in the model release you have them sign. For instance, Park Avenue Productions in Winter Park, Florida produced a slide presentation about a residential treatment program for disturbed youngsters. State Law prohibited them from photographing the actual children, so models were required. Because the models would be shown as disturbed youngsters, Park Avenue Productions made sure this was understood by the models and their parents and got a signed release stating so.

Places

For images of places, if the image was shot on someone's property, you need their permission. A signed "location release" proves the photographer had permission. If the photographer walked off their property and shot the same scene from a distance, you're probably okay unless the image intrudes on a private individual's privacy or the photographer was shooting people surreptitiously.

Many businesses prohibit photography or videography for reasons of security, to protect trade secrets or to protect their "trade dress". (For more information on trade dress, see page 51). Retailers and themed restaurants try to protect their unique merchandising in this way.

Buildings

While since 1990 copyright law has covered architectural works, pictorial representations of buildings are specifically permitted by the law. The copyright in a constructed architectural work is not violated by the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building is located in a public place or is ordinarily visible from a public place. A building may, however, enjoy trademark protection.

See Section 120(a) of the copyright law.

For more information on trademarks, see page 50.

The technical drawings for a building, which may be copyrighted separately, enjoy copyright protection like any other printed work.

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