ANSWERS: 2
  • I am not 100% sure that I understand the question, so I'll try to re-phrase it to make sure I got it right. Q) Can I use my own camera to take pictures of things or people in a retail store? A) Legally, you sure can. Many stores don't approve of this, however, and they see it as a security risk. They are afraid you might be taking pictures to study the layout of the store and the security systems they have in place. You can do it, but don't be surprised if they ask you to stop. They CAN NOT legally take your camera away, even if they have signs stating that you are not allowed to take pictures, UNLESS that sign also mentions that they reserve the right to confiscate it. Many casino's reserve that right. Hope this helps...and I hope I answered the question you were trying to ask.
  • This issue can fall under copyright law. If you record an image of an individual without their permission and then sell or publish it, you may be required to give the individual all copies of the image and any monies received from its sale. You may also be subject to a punitive fine. This is an issue in professional photography. A picture that is used by the media to show an event is rarely subject to this restriction. Recording images for security or legal purposes are also usually exempt. However, recording an image of a specific person or where a specific person can be easily recognized and later using it for personal gain is usually not permitted under copyright law. This is why professional photographers will ask the subject to sign a model release form. This grants the photographer permission to use the image. However, if the image is altered (e.g., in a derogatory way) and this use is not included in the release form, the photographer or the publication may find themselves liable under copyright law. Such cases have been successfully brought before the courts. It is always good practice to ask a person for permission to photograph them and to leave them alone if they do not grant it. If you plan to use such photographs for personal gain or have it published, it is always wise to ask the subject(s) to sign a model release form. If it for your own collection or to hang on your wall, a release form is not required. There are numerous sample release forms available on various websites. A release form should contain something along the lines of: "In consideration of my engagement as a model and upon the terms stated herein, I hereby grant to <photographer's name>, his heirs, legal representatives and assigns, those for whom he is acting, and those acting with his authority and permission the following rights: 1. The irrevocable and unrestricted right and permission to copyright in his name or otherwise, and use, reuse, publish, and republish photographs of me or in which I may be included, in whole or in part, as part of a composite or distorted in character or form, without restriction as to changes or alterations in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his studios or elsewhere, and in any and all media now or hereafter known for illustration, art, promotion, advertising, trade, publishing, or any other purpose whatsoever. 2. I also consent to the use of any printed material in connection therewith. 3. I hereby waive any right that I may have to examine or approve the finished product or products or the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied. 4. I hereby release, discharge and agree to save harmless <photographer's name>, his heirs, legal representatives and assigns, and all persons acting under his permission or authority or those for whom he is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said pictures or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. I hereby affirm that I am of full legal age and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns. ----- Note: if the subject is a minor, you must obtain the permission of a parent or guardian.

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