Photo Lab Manual (PDF) - Richland College

Because of this long-standing legal definition of ownership of photographs, it is wise tohave a licensing agreement before beginning work. This kind of contract helps assure thephotographer that only the usage of the pictures has been purchased, not the original photographicmaterials themselves.Obscenity and PornographyThe legal definitions of obscenity and pornography are unclear at present. Our society isvery confused about sex and art and photography. Ultimately, it seems that commu¬nitystandards prevail when defining permissible images. Where the photograph is exhibitedaffects a definition, as much as does the subject matter. An art gallery can show explicitnakedness and sexual relationships that might be cause for arrest if seen elsewhere. Theproof is on the photographer, should the question be raised, to show that the work, takenas a whole, has serious artistic value.SummaryA photographer may photograph freely in most places, but this is limited by rights of privacy,and definitions of trespass and intrusion. Sometimes these are hard to prove legally,and the photographer's own ethical standard prevails. A release is required for the photographto be legally used for profit. All unpublished original photographs are protected bycopyright. Whether a photograph is obscene or not is often decided by community standards,as there is no standard legal definition.From Exploring Black & White Photographyby Arnold Gasson, WCB Publishers, 1989.72