My Rights

As a Photographer I have the rights to:

• take a photograph
• publish a photograph
• sell a photograph
• not to be harassed

When can I take a Photo(s)?

I have the right to take photos. Photography is a form of “speech” that is a First Amendment right.

When can I use a Photo(s)?

I must be the one who takes the photo, the subject matter must be something of kindness and gentleness, and I will be using the photo privately.

However, if the photo includes a significant element such as a recognizable person, celebrity, artwork, logo, trademark, cartoon character, professional sporting event, or view from paid entrance I am limited to private and “fair use” (generally education and newsworthy without compensation).

Thus, I am allowed to post the photo(s) on my Web site (as long as the photo subject is not private or embarrassing, and the display is not false or misleading).

When can I sell a Photo(s)?

Ownership

I must own the copyright to the photo. Once I am the person behind the camera would suffice as a copyright to the photo.

Artwork

I will need a written release from the copyright owner for commercial purposes of recognizable art such as paintings, murals, photos, logos, sculptures, advertisements and cartoon characters.

People

I will need a signed model release for all identifiable individuals. If the subject is a minor, I will require a model release signed by the minor’s parent or legal guardian.