GWL photos

**"Rich Pomerantz" r*@richpomerantz.com**

Donna wrote - <I asked the GWA lawyer for information in 2001 or 2002 about who owned the 
photograph even if there is a sign saying that pictures cannot be taken.>

Donna, like many lay people you are mixing apples and oranges, speaking from the legalities of it. Someone here recently pointed out that there are two very separate and distinct legal issues being bandied about here as if they are the same thing. The first is OWNERSHIP of the images. The US Constitution, as added to by the copyright laws enacted by Congress, says the creator owns the creation the moment it is made. That's basic copyright law.  That is what the lawyer was talking about.  You own any photograph you create the instant you create it, unless you are a full time employee doing photography for your employer or sign an agreement with whoever hired you stating that you are doing work for hire. (An aside - don't EVER sign that).

Ownership however, is not the same as the right to use. Usage rights are a very complicated field. Someone putting up a sign saying "no photography" in a place where the public can see with their own eyes, can't really stop anyone legally from photographing. If you are on private property, however, that is a different story, though it is still not cut and dried.  Moreover just because you were there legally, and can CREATE the photograph legally, and you OWN the copyright to the photograph, does not mean that you can publish it, willy-nilly, anywhere for any purpose. THAT gets into the usage of the image, which has so many permutations and nuances that anyone who generalizes about usage, stating a rule that they think fits to your situation, is doing you an injustice. There are general rules, of course, but even the rules are situation specific. 

So what's a photographer/editor to do?  BE RESPONSIBLE! That's all, be a professional and an adult about it. Speak with the property owner about your intentions, be up front, make arrangements. Don't ever try to use photos of someplace without permission and credit, or at least make your best efforts to get them. Get a property release signed.  If someone has a sign up saying no photos, or won't sign the release, sure, you can still take photos, and you OWN them. You may even be able to get them published without getting into trouble. But is that how your mother raised you? Deceit happens to be a bad thing and will likely come back to bite you in the end.

And yes, I am a lawyer, or at least I used to be. I practiced law for 15 years before stopping to do photography full time. Even taught a few courses at an accredited law school at night, but I do not play one on television.

Rich Pomerantz
rich@richpomerantz.com
www.richpomerantz.com
(860)355-3356

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