Evening star., 1951-07-29
Camera Angles
The Legal Side of Using Photographs
By Alexander J. Wedderburn
Curator of Photography
The Smithsonion Institution vs.

The Smithsonian Institution
Our advice to those who seek
: information on legal matters per-
tanning to photography is: Con-
suit an attorney who practices
in the jurisdiction where the ques-
, tion arises. There are, however, a
few pointers that we can pass
along that will give you a gen.
eral idea of your rights and those
of others in circumstances fire.
: quently encountered by those who
practice photography either as a
profession or as a hobby.
The camera has become, these
days, such a common bit of per-
sonal equipment that most people
use it as casually as they would
a spoon or fork, taking pictures
here, there and everywhere with
little or no thought as to pos
Isible consequences: AS general
proposition it can be said that
photography is as harmless and
innocuous a pursuit as can be
found. 1t may be assumed, TOO,
that all decent citizens are aware
Through a sense of good ethics and
Ia knowledge of custom that our
form of society prohibits the max
ing, possession or distribution OF
certain types of photographs as
defined by State or Federal stat
ute.
But there are State laws and
municial regulations which govern
the taking and use Of photographs,
about which many people are lg-
norant. AS an example, number
of States have laws which recog-
nize the right of privacy" of an
individual under certain condi-
tions. Generally speaking, these
'statutes prohibit the use of a per-
sons picture for advertising, trade
; or profit without his permission.
That more law suits have not
, grown out of violations OF such
laws may be attributed to the
. Ignorance of many injured" par
ties as to their rights under the
law and to the natural aversion
=, Iof others to become embroiled in
litigation.
Local Regulations.
It should therefore be kept in
mind that every picture taken by
professional or amateur is not
necessarily free to be used in any
way that the maker desires. And
it must also be remembered that
5 the photographer is restricted
from taking pictures where local
: regulations prohibit. AS an ex-'
ample, the use of a tripod is pro-
Ihibited on the grounds Of the
United States Capitol unless
special pass has been issued to
the photographer. The same regu-
, lations apply in many public
buildings and parks. Privately
, owned or controlled places OF
amusement, such as movie houses
or carnivals may impose their
own rules, restricting the taking
of pictures. And, of course, no
photographer has the right TO
= trespass on private property to
> take picture.
The right of privacy of the
individual is perhaps the one
which will concern the average
. amateur to a greater extent than
most other civil restraints placed
on the photographer. AS has been
y indicated. pictures of people must
not be used for trade or advertls-
l. ing purposes without the consent
of the individuals. AS an example.
you may not take a picture of the
neighbor's baby and sell it to a
dairy to be used in an advertise
J. ment or window display without
; permission. Since a question can
easily arise as to what may con-
/, stitute advertising. trade. or
profit, in a particular instance. it
, is always advisable to take the
precaution of securing a written
!. release from the person whose
picture you wish to use for any
. publication purpose. Should the
| subject be a minor, it is imperative
. that the release be signed by
: parent or guardian.
If a picture has current news
value s'ou can release it for pub
: lication to a magazine or news
. paper without the consent of the
individual whose picture you have
= taken. For example if you should
{. take a picture of victims of an
!, accident that occurred on a high
way, you could take the picture
E. to a newspaper and sell it without
: fear of liability.
/. Watch for Ridicule.
Ir any case. no picture of a
; person should be sold for publica-
ton or published in any other way
if it holds that individual up to
ridicule. If you should permit the
~F tr go, L: