Know Your Rights: Photography and the Law

Hello Students,

In our modern era, photographers and their rights are constantly being challenged, abused and misled. It is important to know your rights and what means are available to protect you, your intellectual property, equipment and ownership of the images you create and to protect your individual rights under the law.

What are your rights as a photographer?

These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.

1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it. e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries. 
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it. e.g. malls, retail stores, restaurants, banks, and office building lobbies. 
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location. 
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy. e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths. Despite common misconceptions, the following subjects are almost always permissible: accidents, fire scenes, criminal activities, children, celebrities, law enforcement officers, bridges, infrastructure, transportation facilities, residential, commercial, and industrial buildings 
5. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity. 
6. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges. 
7. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs. 
8. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it. 
9. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made. 

Case Study: Obama Image Copyright Case

Mannie Garcia, Associated Press, Shephard Fairy

Mannie Garcia is a photographer that worked for Associated Press (AP) and took this iconic photo of President Barack Obama, which was then converted into a digital artwork by the artist Shephard Fairy. AP claims that Shephard Fairy violated their copyright of the image. Mr. Fairy claims that by altering the photograph he had created an original artwork. Mannie Garcia even joined in claiming that he owned the original rights to the photograph and it became a 3-way legal battle. All parties eventually conceded and came to an out of court settlement and agreement, with no parties admitting to copyright having been infringed. What do you think? Did Mr.Fairy violate the copy rights of the original photo? Who owns the rights in the first place? AP or Mr. Garcia?

Case Study: Colorado University Independent vs Photographer Andy Duann

Photo by: Andy Duann

When student photographer Andy Duann heard there was a bear stuck in tree on the CU campus he did what any crack photographer would do, he got to the scene just in time to take this photo. The image quickly went viral and was used in print by the universities student paper, the Colorado University  Independent newspaper. CUI then sold the image to major newspapers. When the photographer argued that he owned the original image the case seemed ready to be argued in court. Fortunately CUI recanted, AP pulled the image from its publications and Andy Duann's rights to the image were restored. This was a relatively quick copyright skirmish, but garnered national attention because of the viral nature to the image. What do you think? Was Andy Duann working as a photographer for CUI? Who do you think owns the rights?

Photography and the Law - Quick Research Assignment Details:

• Work in Groups of 3, spend 15 minutes researching, reading and familiarizing yourself with a case that interests you...
• Use the internet to research issues pertaining to photographers rights and/or copyright infringement issues and cases. Work as a group and decide on the most interesting case to share with the class....
• Email a link to the image in question, photographer or an article regarding the case to your instructor before sharing...

Have fun!

  - Mr.W

Friday Photo Challenge: Forced Perspective

Hello Students,

Your Friday Photo Challenge is to create an image that demonstrates forced perspective or superimposing . Forced perspective is an optical illusion that has been used in cinema to add scale. Superimposing is a clever method for surprising the eye, it can also be a powerful tool for creating sub-context. See how you can tackle this creative challenge with your classmates and what we find around us....

Forced Perspective / Superimpose Challenge:

• Create an image that uses superimposition or forced perspective as a creative device.
• Think about the technical requirements to have areas in the fore and background in focus, what kind of aperture is used? A wide (small #) or small (large#)? Which one will let more Depth of Field?
• Experiment to find the best solution for this creative experiment and post your best results to your blog!

The book "superimposes" a face over the reader

The wings are "superimposed" to create an angelic impression

Here the perspective is "forced" to make the person appear small

Forced Perspective

Forced Perspective

Forced Perspective

Superimposed

Forced Perspective

- Mr. W

How to Write a Good GREAT Letter of Introduction

Hello Students,

Your next assignment is to create a "Letter of Introduction" that describes you! Your special traits, qualities, hobbies, and personal, educational and career goals. List your top 5 skills and abilities. It should consist of at least one page. Make sure to use correct spelling and grammar.

Goal: Write a letter of introduction for your portfolio that meets the following standards, relevant information and criteria listed below. Share your draft with your instructor, incorporate any feedback and add the edited final draft to your portfolio.

Letter of Introduction Assignment:

• This is an introduction letter, about you, written to people that may be viewing your portfolio.
• Should be about 1 page long.
• Letter should be free of typo's, spelling and grammar errors.
• Follow the examples in the Portfolio Handbook and include the information listed below...

You letter should include:

• Who you are
• Where you are currently attending school
• What courses you are currently enrolled in aside from standard courses (such as this ROP class your in right now)
• Your top 5 work related skills
• Special acknowledgments from employers/instructors
• Future education plans
• Hobbies or other activities you enjoy
• Discuss what is contained in your portfolio
• Discuss the type of work/projects/activities you enjoy the most in school

Sample Introduction Letter: Mimic the content and structure but use your own information

-----------------------------------------------------------------------------------------------------------------------------------

Joe Capitola

242 Fake St.

Capitola, CA 95010

(831) 444-1111

fakemail@yahoo.com

Date

To Whom It May Concern:

 (Paragraph 1: Who you are, what you are good at, what are your top five work skills?)

I am currently attending Santa Cruz High School where I will be graduating this year in June. I have enrolled in ROP classes, which are business-oriented. ROP classes have given me a closer look at the business world and I have learned excellent work skills. 

My top five work skills are:

• Excellent communication skills with strong listening skills
• Responsible and reliable with attention to detail
• Strong team player who thrives in teamwork situations
• Good computer skills
• Excellent time management skills

(Paragraph 2: Long and short term goals and hobbies)

I have received special acknowledgement from my employers for strong skills and work ethics.

I recently was accepted to CalPoly and plan to go there in the Fall and pursue a degree in Agribusiness. After receiving my degree, I plan to work in my family’s strawberry farming business. Eventually, I hope to be the president of the business. I have many hobbies including surfing, skiing and playing baseball but most of all, I enjoy riding my horse up in the hills. It gives me a sense of freedom and independence.

(Paragraph 3: Work experience, technical skills, awards and honors)

My portfolio shows some of the skills and abilities I have acquired in while attending Soquel High School and throughout my work experience. I have always enjoyed landscaping and have enrolled in the Horticulture class for my last semester of high school. From my past experience you will notice that I enjoy working especially when I leave the job better than it was when I first got there. I have been doing tree work for three years and have worked for commercial and residential customers. Thoroughness and safety are some of my favorite qualities.

(Paragraph 4: Refer to what is included in your Career Portfolio)

Included in this portfolio, is my resume summarizing my schooling, work experience, and skills. In addition I have a list of references, letters of recommendation, and samples of my work. I hope you enjoy reviewing my portfolio.

Sincerely,

Joe Capitola

 - When your letter is complete, get some feedback, edit a 2nd draft, then add to your portfolio...

 - Mr.W

New Assignment: Remake a Classic Work of Art

Hello Students,

Your next assignment is an exercise in planning, preparation, creativity with location and costume and direction of your model. The idea with this project is to remake a classic work of art using photography.

Photographic recreation of Egon Schiele's "self portrait with physalis". Photography by Jared Wilson

Remake A Classic Work of Art With Photography:
Now that you have studied all aspects of exposure and how to capture light, you will apply your composition skills, attention to detail and ability to use natural light to recreate a classic work of art. Mastery of exposure control is important, along with creativity and planning and accuracy. You will need to shoot many levels of exposure and try different methods to capture the best light, because there is no post processing allowed in this assignment. In camera manipulation only. You can adjust exposure, color balance and even use in-camera effects if you please, but no lightening or darkening of your exposures in Photoshop, etc. It must be capture "in camera" for maximum points.

This photograph by CTE student Robert Chestnut is an excellently reproduced version of Picasso's work "The Old Guitarist" from 1903.

• Look through the examples and links below for clarification and inspiration
• Research and find a classic work of art that inspires you. Your final choice of artwork to remake must be approved by your instructor before proceeding
• Keep it classic, think old masters. Im not looking for contemporary artwork, album covers, fashion photography or cinematic references. We want artwork from between 1450 to 1830's and you must be able to identify the artist.
• Final result is a photo only, no color correction, cropping or special effects allowed. If you do it correctly the majority of work happens before you take the picture. For this project post processing is banned. You will need to pay attention to the light in your image and recreate it as best you can. Take many images and adjust exposure, white balance and use in-camera filters or effects to achieve your desired results.
• Put all of your creative energy into the arrangement and recreation of elements. Pay attention to costume, color, light, position, framing, facial expression, body and limp position etc... the key is in the details. Take shots and look at them closely, if something isn't right than re-shoot.
• Elements in your artwork can be re-imagined of course. Strive for recreation of details with whatever you have available and at hand
• Choose and get approval on your artwork of choice before proceeding!

Online Resources:

Getty Collection

MoMa Search

Google Arts & Culture

The Celebration of the Peace of Münster (1648) by Bartholomeus van der Helst above / Recreation below, CTE Photo Class picture 2019

This is an excellent recreation of Peale's painting "Fruit and Grapes" from 1822. By Maxim Pierra 2017. Shot with a Canon 80D.

Original: Sarah Miriam Peale, Fruit and Grapes 1822

Grading:

This project will be evaluated on your ability to meet the requirements as well as the intention of the assignment. Your work should show careful planning and execution. You are the artist with a vision and it is your responsibility to direct your costume, scene, model and props to achieve your desired results. Having total control over all elements is key to a successful photo shoot.

Original Work: Domenico Fetti – Sleeping Girl (1620 -1622)

Excellent recreation by Isaballa Buchter, 2017

Very high performing student work: This is a stunning rendition of Francisco De Zurberan's  "still life with a plate of apples and orange blossom" circa 1640. Careful attention was paid to composition and lighting for this splendid photo rendition. Credit: Jake Gill, 2017.

High performing student work: This is a lovely recreation of Daniel Hernandez Morillo's "woman carrying firewood". The student photographer, Gracie Thomas, took great care with costume, pose, light, props, setting and composition for spectacular results.

This is an example of low performing student work. The student grabbed a bike, a blanket and a model at the last minute and took a snapshot. Little care is put into setting, light, costume, pose, composition.

Required Reading Links:

Example - Old Master paintings recreated by photographer Josef Fischnaller

Example - Famous painting recreated
Example - Portraits of photographers daughter in style of old masters
Student Example: Noah Maschan
Student Example: Stephanie Urbina Diaz

Student Work Samples:

High Performing:

Medium to Low Performing:

Good Luck!

- Mr.W

Build your own Camera Obscura

Modern Camera Obscura: The Scanner Camera

This is an illustration of a camera obscura from the 17th century. Origin: unknown, possibly Italian -  Library of Congress

Can you guess how this image was created? No photoshop was involved!

This scanner camera was enormous because of the large lens used.

Today in class we will begin with a hands-on exercise by creating our own camera and create a gallery of images with it (hopefully). The camera obscura (shown above) is an optical device that lead to the development of photography. Light from an external scene passes through a small pinhole and hits a surface reproducing the the scene upside down. The image can be projected onto paper and an image can be traced. Did you know you can visit a giant camera obscura in San Francisco?

Build Your Own Camera:

For this project you are tasked with building your own camera with cardboard, tape, old lenses and our scanner. Work in teams and experiment, trouble shoot and work out an effective process for creating imagery with a scanner. One portrait of each team member must be emailed to your instructor. Results may vary and that is allowed!

Tasks:

1. Create a scanner camera using materials in the classroom, a scanner, cardboard, tape, old lenses, trial and error is required for success.
2. Work in teams to build, refine, modify and create portraits of each team member with your scanner camera. Work safely and ask for help.
3. Crop and refine each image in Photoshop, then share with your instructor for our gallery.

Previous Student Images: