Legal Question in Intellectual Property in California

Privacy rights in public

I function as an ''expert'' on a busy site that fields questions in photography, and a

question that frequently comes up is that of the various problems of photographing public areas and scenes for commercial use such as postcards, etc.

One person is interested in shooting a marina area that will contain private craft with names on them. There might also be people, signage, homes. shops etc, in the shots.

The question is, must he get releases or permission from all and any to publish his scenic postcards? And must there be a consideration, token or otherwise.

You cannot imagine how many differing opinions appear on the message board, all somewhat different, and all claiming to be correct. I know there is a distinction between news and illustrations for commercial use such as in books and magazines, but we need definitive opinions. None would be construed as legal advice, but surely someone has opinions founded in established legal fact.

I fully realize you do not elect to answer all questions, but could you direct me to a friendly attorney who knows this area

of law.


Asked on 5/08/01, 4:18 am

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Privacy rights in public

The following is for general information purposes only and should not be construed as legal advice. This information may or may not apply in any given situation.

There are two parts to the answer to your question about copyright law as applied to photographs:

(1) Has someone else already photographed substantially the same image?

(2) Is the subject matter copyrighted?

Copyright of buildings does not preclude someone from taking a photograph of the building. Likewise, boats, piers, bridges, etc. are architectural, not visual arts, and may be photographed with impunity. Visual arts, such as statues and signs, however, may be copyrighted and should not be photographed without permission. People have a right of privacy if they are not famous, and a right of publicity (in some states) if they are. Either get releases, photograph them in a way they can not be identified, or shoot from a distance.

There are other nuances of subject matter that I don't have the space to go into here, but would be happy to consult with you in person or by telephone. I am in Los Angeles at (323)653-6580 and my rates are very reasonable.

[NOTE: I wrote a detailed response to this question, but the BBS wiped it out as too long. Sorry.]

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Answered on 6/21/01, 7:02 pm


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