Few photographers are attorneys, but every photographer should learn some of its legalities.  You may recall the question regarding removing an object in the photo.  Many times the object is a watermark.  A watermark is tantamount to the photographer’s statement “this is my photograph.”  A photo is legally viewed as an artistic expression, which makes it the intellectual (and legal) property of the photographer.  The photographer may assign their rights, fully or partially, to someone else, whether or not the photo is under copyright.  From this, one might infer that the person who wants to remove the watermark is infringing on the intellectual right of the photo’s owner.  Not so fast!  There is the doctrine of fair use.  This permits certain uses without obtaining permission, which may include personal, teaching, or research.  However, there has been so much litigation on fair use that it is difficult to describe it definitively.

There is another aspect of legal knowledge useful to the photographer: under what circumstances is it legal to take a photograph?  Wait for next week’s installment!