Understanding photography laws is essential for photographers of all levels, whether shooting street scenes, professional portraits, or travel images. Knowing the laws on photographing in public can help you avoid legal trouble while ensuring you respect people’s rights. In this article, we’ll explore photography and the law, discussing key regulations, copyright considerations, and best practices for staying compliant.
I am pleased to have a guest today who is NOT a photographer. John Corcoran is a lawyer, writer, podcaster, and former letter writer at the White House and the California governor’s office. He specializes in helping small business entrepreneurs grow their businesses on his site Smart Business Revolution.
Key Takeaways
- Photographing people in public is generally legal, but private property requires permission.
- Editorial use (news, blogs) is different from commercial use (advertisements).
- Always get a model release when using images commercially.
- Be cautious when taking photos abroad—local laws differ.
- Selling fine art prints of people without a release can be legally risky.
- Protect your own photos from theft with watermarks and resolution control.
- Understand copyright laws for photographers to safeguard your work.
Meet John Corcoran
John Corcoran has an extensive career spanning entertainment, politics, and law. Having worked in Hollywood with DreamWorks, served as a speechwriter in the Clinton White House, and later advised the California Governor’s Office, John now helps entrepreneurs navigate legal complexities. His deep understanding of photography and copyright law makes him an excellent resource for discussing photographers’ rights and responsibilities.
Photography and the Law – Protecting Yourself
Have you ever wondered about any legal aspects of doing photography? John answers many of these questions and more in the video:
- When is it okay to take a photo? When is it NOT okay? Learn about laws on photographing in public and when privacy expectations apply.
- What are the differences between public and private property? Understand when you have the right to photograph in open spaces and when you need permission.
- Do you need a model release if you just put photos on Facebook? We discuss copyright laws for photographers and how online sharing affects ownership and permissions.
- What is the difference between commercial use, editorial use, and fine art photography? This section covers how photography and copyright law classifies different types of image usage.
- Can you sell photos if you don’t have a model release? Get clarity on copyright rules for photographers and what risks you face in selling images without proper consent.
- What are your liabilities as an amateur photographer? Understand what legal risks and responsibilities you might be exposing yourself to, even as a hobbyist.
Your Rights as a Photographer: Public vs. Private Spaces
One of the most common questions among photographers is whether they can legally take pictures of people in public spaces. According to John:
- In the United States, there is generally no expectation of privacy in public spaces. If someone is out in public, it is usually legal to photograph them.
- However, private property is different. If you are on private property (e.g., a shopping mall, restaurant, or someone’s home), you need permission from the property owner.
- Different countries have different photography laws, so always research local regulations before taking photos abroad.
Copyright Laws for Photographers: What You Own
Photographers automatically own the copyright to any photo they take. However, copyright laws for photographers specify:
- The photographer retains exclusive rights to use, sell, or license their images.
- If someone uses your image without permission, it may be considered copyright infringement.
- You can register your images with copyright offices for additional legal protection.
Understanding copyright rules for photographers is critical when publishing work online or licensing photos for commercial use.
Using Images for Commercial vs. Editorial Purposes
John highlighted an important distinction between commercial use and editorial use of images:
- Editorial Use: If a magazine, news outlet, or blog wants to use your image to accompany a news story, this is generally protected under free speech and journalism laws.
- Commercial Use: If an image is used to sell a product (e.g., an advertisement for a brand), then a model release from the subject is required.
The Importance of Model Releases
When photographing people, especially if you plan to use the image commercially, obtaining a model release is crucial. John suggests:
- Using a model release app on your phone to collect digital signatures on the spot.
- Ensuring the release clearly states the potential uses of the image.
- Being transparent with subjects about how their image might be used.
Laws on Photographing in Public: What to Know
Public photography is often allowed, but some restrictions apply. Important legal points include:
- Photographing government buildings, military sites, and transportation hubs may be restricted.
- Privacy laws differ by country—some places require consent before photographing people.
- If you photograph minors, you may need parental permission depending on local photography laws.
Photography in Foreign Countries
Many photographers travel internationally and wonder about the legal and ethical considerations of photographing people abroad. John advises:
- Laws vary widely, so research the local legal framework before taking photos.
- Language barriers can make securing permission difficult. When in doubt, it’s best to be cautious about how images are used.
- If an image is later used commercially, failure to obtain consent could lead to legal consequences.
Selling Fine Art Prints: Do You Need a Release?
Another gray area in photography and the law is the sale of fine art prints that include people’s likenesses. John explains:
- Selling a single fine art print may not always be considered commercial use.
- However, if prints are mass-produced and sold widely, the subject could argue they deserve compensation.
- To minimize risk, it is always best to get a model release.
Managing Risk as a Photographer
Every photographer must assess their risk tolerance when taking and selling photos. Some key points to consider:
- The risk of legal trouble increases with high-visibility or widely distributed images.
- Using images for educational or journalistic purposes poses fewer legal risks than selling them commercially.
- Compensating subjects (especially in cases where financial profit is significant) can help avoid disputes later.
Protecting Your Own Images from Unauthorized Use
Photographers also need to protect their own work from being stolen or misused. John suggests:
- Watermarking images to deter theft.
- Uploading low-resolution versions online to prevent unauthorized prints.
- Understanding platform policies when posting on social media—some sites retain limited usage rights over uploaded content.
LINKS MENTIONED IN THE INTERVIEW
Apps for making a model release on a smart phone
The one I use is iPhone Contract Maker – gives you a few basic templates and allows you to import text from your own contracts if you already use paper ones. It’s simple to use and set up and will email a copy of the release to you and your model after it is signed.
There are a few others available (I haven’t used them so can’t comment):
Release Meby Joey L- Easy Release
Top Model Releaseby Catherine Hall- A recent discussion I had with some photographers about watermarking photos
- How to Watermark your photos – if you want to add them to help protect and label your images online as yours
About John Corcoran
John Corcoran has worked in Hollywood, in the Clinton White House, as a Speechwriter to the Governor of California, and is now an attorney working with small businesses and entrepreneurs in the San Francisco Bay Area. He frequently writes about the interplay between politics and business, and his writing has appeared in Forbes, The Huffington Post and The San Francisco Chronicle. He is also the creator of Smart Business Revolution where you can learn how to network like a politician and other entrepreneurial skills.
Where to find John Corcoran online
Conclusion
Photography laws impact both amateur and professional photographers. While public photography is usually permitted, ethical considerations should also guide your decisions—especially when photographing vulnerable individuals. The best approach? When in doubt, get permission.
By staying informed and proactive, you can enjoy your photography while avoiding unnecessary legal complications. If you’d like to dive deeper into this topic, consider joining the Digital Photo Mentor Community, where members discuss photography laws, copyright rules for photographers, and best practices in a supportive environment.
If you have questions for John you can reach him via any of the links above.
Cheers, Darlene
