3.2 Legal Rights and Restrictions in News Photography

News photographers navigate a complex legal landscape. Copyright laws protect their work, while fair use allows limited use of others' images. Balancing press freedom with privacy rights is crucial.

Photographers must respect property rights and obtain proper credentials for access. Understanding defamation, source protection, and public domain helps them avoid legal pitfalls while capturing newsworthy moments.

Intellectual Property Rights

Copyright Protection and Fair Use

Top images from around the web for Copyright Protection and Fair Use

• 

  Fair Use – Copyright and Fair Use for Teachers View original

  Is this image relevant?

• 

  Fair Use Guidelines - Copyright Laws & Guidelines - Research Guides at Garrett-Evangelical ... View original

  Is this image relevant?

• 

  Fair Use Guidelines - Copyright Laws and Guidelines - Library Guides at Garrett-Evangelical ... View original

  Is this image relevant?

• 

  Fair Use – Copyright and Fair Use for Teachers View original

  Is this image relevant?

• 

  Fair Use Guidelines - Copyright Laws & Guidelines - Research Guides at Garrett-Evangelical ... View original

  Is this image relevant?

1 of 3

Top images from around the web for Copyright Protection and Fair Use

• 

  Fair Use – Copyright and Fair Use for Teachers View original

  Is this image relevant?

• 

  Fair Use Guidelines - Copyright Laws & Guidelines - Research Guides at Garrett-Evangelical ... View original

  Is this image relevant?

• 

  Fair Use Guidelines - Copyright Laws and Guidelines - Library Guides at Garrett-Evangelical ... View original

  Is this image relevant?

• 

  Fair Use – Copyright and Fair Use for Teachers View original

  Is this image relevant?

• 

  Fair Use Guidelines - Copyright Laws & Guidelines - Research Guides at Garrett-Evangelical ... View original

  Is this image relevant?

1 of 3

• Copyright law grants exclusive rights to creators of original works
• Photographers automatically own copyright to their images upon creation
• Copyright protection lasts for the creator's lifetime plus 70 years
• Fair use doctrine allows limited use of copyrighted material without permission
• Fair use factors include purpose of use, nature of work, amount used, and market impact
• News reporting often qualifies as fair use when using copyrighted images
• Transformative uses (parody, commentary) more likely to be considered fair use

Public Domain and Right of Publicity

• Public domain works have no copyright restrictions and can be freely used
• Works enter public domain after copyright expiration (generally 95 years after publication)
• U.S. government works are automatically in the public domain
• Right of publicity protects individuals from unauthorized commercial use of their likeness
• Celebrities have stronger right of publicity protections in many jurisdictions
• News organizations generally exempt from right of publicity for newsworthy content
• Commercial uses (advertising) require permission to use someone's image

Legal Restrictions on Press

Freedom of the Press and Its Limits

• First Amendment protects freedom of the press in the United States
• Press freedom allows journalists to report on matters of public interest without government interference
• Journalists can publish information obtained legally, even if sources broke laws to obtain it (Pentagon Papers case)
• Prior restraint (government censorship before publication) rarely allowed except for national security
• Freedom of the press balanced against other rights (privacy, fair trial)

Defamation: Libel and Slander

• Defamation involves false statements that harm someone's reputation
• Libel refers to written or published defamatory statements (includes photographs)
• Slander involves spoken defamatory statements
• Public figures must prove actual malice to win defamation cases
• Truth serves as an absolute defense against defamation claims
• Journalists must verify information and use reliable sources to avoid defamation
• Opinion statements generally protected from defamation claims

Confidentiality and Source Protection

• Confidentiality agreements protect sensitive information shared with journalists
• Shield laws in many states protect journalists from being forced to reveal sources
• No federal shield law exists, creating uncertainty in federal cases
• Journalists may face contempt charges for refusing to reveal sources
• Ethical considerations often compel journalists to protect sources despite legal risks
• Some exceptions exist for information related to criminal activities

Access and Credentials

Trespassing and Private Property Rights

• Photographers must obtain permission to enter private property for newsgathering
• Public spaces (sidewalks, parks) generally allow photography without permission
• Private property visible from public spaces can usually be photographed (exceptions for military installations)
• Entering disaster areas or crime scenes without authorization can lead to trespassing charges
• Some states have "ag-gag" laws restricting undercover investigations on farms
• Drone photography subject to FAA regulations and local privacy laws

Press Credentials and Special Access

• Press credentials issued by law enforcement or event organizers grant special access
• Credentials may allow entry to restricted areas (press conferences, crime scenes)
• Government cannot discriminate in issuing credentials based on viewpoint
• Private organizations have more discretion in granting or denying press access
• Press passes do not grant unlimited rights to trespass or ignore safety regulations
• Some events (courtrooms, legislatures) may have specific rules for press coverage
• Freelance and citizen journalists may face challenges obtaining official credentials