Legal Precedents

[Sheetshooter]

I had written something along these lines for the now-locked Copyright thread. I think it is stillworthy of consideration.

We all have our own views of the law and what it means and how it should be interpretted. We are NOT, however, all qualified persons, expert in the complexities of the Law and so we should not post assertions publicly without some sort of disclaimer stating that we are presenting a personal view and not a valid interpretation irrespective of just how informed or otherwise that personal view may be.

While I feel it is the right of the Admin of a site like this to make definitive statements regarding the conduct of the site I do not feel that these matters should be debated by others in such a way as to suggest that their responses are valid and authoritative when they are at best a personal view.

I am not a qualified expert in such matters but I present this as a tasty morsel of cautionary common sense.

Cheers,

[wendellt]

Well thought of

I have been reading the threads under the business of photography about indemnity insurance

it's something i need to consider because when i travel i would like to use my tripod in public places, now different countries have different laws and getting indemnity insurance to cover is very complicated

Now is there a legal advising service just for photographers, I am not a pro but i guess i can still use their services

Or is there some sort of photography group i have to join to learn about the business of photography and all it's legal ramifications? i.e taking a picture of someone and using it in you portfolio, proper procedure for model release forms, getting permission to shoot inside art galleries etc?

it's useless getting peoples personal opinion on legal matters.

[gstark]

Well said; thanx.

[Greg B]

One reason why the practice of law can be so profitable is that almost
everything is subject to context and interpretation.

This is partly why we see apparently incomprehensible decisions from
the courts sometimes. Matters are generally decided on a combination of the admissable facts, the statutes and precedents.

Copyright law is a minefield (= even more profitable), but generally
a commonsense approach will get you through.

If we (reasonably) assume that the photographer owns the copyright,
particularly within this forum where we are not dealing with stock
photos and so on, all we need to do is get the photographer's permission to do anything with that photo. There have been some instances where members have PP'd other peoples' photos, entirely within the spirit of the forum and offered to remove if it was a problem.

Linking is more complicated, but I would think that a cautious approach will generally avoid difficulties.

95% of it is commonsense, mixed with respect. In our little world here, intention and motivation probably play a part too.

[thaddeus]

Streetshooter, I am not sure whether you are referring to me. If so, my posts to the other thread were attempting to correct a misconception of copyright law which would confuse members and future readers of the post. My legal qualification is a law degree from the University of Sydney. I am happy to continue to try to help overcome misconceptions if people wish.

Copyright law is a minefield

Actually, it's not as tricky as some areas. I never have figured out roundabouts!

[Matt. K]

Boy you guys are thick! It's easy!....[b]If I copy... I must be right![/b]

[Sheetshooter]

Thaddeus,

Your post was a part of my motivation but I am not critical of your comments - just pointing out to others, possibly less versed, the dangers of making statements without authority which may in turn mislead.

I am sure you would agree that there is a potential trap for the unwary in this regard.

[embi]

.....If we (reasonably) assume that the photographer owns the copyright,
particularly within this forum where we are not dealing with stock
photos and so on, all we need to do is get the photographer's permission to do anything with that photo. There have been some instances where members have PP'd other peoples' photos, entirely within the spirit of the forum and offered to remove if it was a problem......

In the interests of this forum, I give permission for forum members who want to fiddle with my images to do so as long as the fiddled image is only reproduced on this forum.