Photography & the Law - Beyonce' and Beyond: A Roundup of Recent Legal Issues

Posted by Mickey H. Osterreicher — 19 May 2013

Sorry that it has been so long since my last post. There has been so much going on it is hard to know where to start. The National Press Photographers Association (NPPA) has been involved in many issues.

Most recently the NPPA to the publicist for Beyoncé on behalf of 19 media organizations objecting to her 2013 World Tour Guidelines for photography and television. The new policy came as a result of the publication of some "unflattering" images of the star 's performance during this year's Superbowl. In place of photo credentials the tour has provided a Web link where those wishing photographs of the performance must first register before being able to download or use her self-produced hand-out images of each stop.

Beyoncé and her management team are certainly free to propose any guidelines they wish; but the NPPA, supported by many other news organizations believes that providing her own hand-picked handout photos rather than allow independent press coverage is wrong. While in the greater scheme of things a concert photo is not a big deal we see this as the start of a new trend where those in the news such as celebrities, sports teams and politicians are trying to exercise complete control over their images and message. When news media post, publish or broadcast this type of subject provided content they relinquish their public service responsibilities and become complicit in traveling down the slippery slope where independent reportage becomes irrelevant.

It is an artist's prerogative as to whether or not they will allow photography of their performances. A photo ban is one thing but it appears that Beyoncé wishes to have her cake and eat it too. She still wants photographic coverage but only wants to release images of her own choosing. The NPPA believes that this is improper and we have said so in our letter to her publicist.

Beyonce by Brian Ach

We also believe that once it becomes apparent that news organizations are willing to accept this type of policy and use handout photos it will only encourage others to follow suit. The danger in this type of "infotainment" is that the public will be denied the information and images that come from independent newsgathering and the media will be relegated to being nothing more than aggregators of sanitized material provided by public relations firms and press secretaries. This point is best illustrated in a by the NPPA and the White House News Photographers (WHNPA) Association regarding the of an made available for distribution by House Minority Leader Nancy Pelosi's office.

In another recent case in New York City, photographer and artist, Arne Svenson, is selling photographs he took of his neighbors living in apartments across the street at an art gallery. The exhibition entitled "" has caused much concern from some of those depicted, even though their faces were not shown. Others are considering legal action, according to reports in the and the .

This raises a number of legal questions regarding the privacy rights of the subjects vs. the First Amendment rights of the photographer. In New York, those rights have been for photographs taken on a public street, but what is less certain is how the courts might view photographs of inhabitants taken through an apartment window. One of the things that distinguishes public from private is that in public, you have no reasonable expectation of privacy whereas you do in your own home or apartment.

Mr. Svenson is not the first photographer to capture and sell these types images. Michele Iversen has been shooting in a similar fashion since 1995, as was in 2010. Ultimately it may be up to the courts to decide whether Svenson could be the poster child for what not to do as a photographer or whether he has now pushed the envelope in broadening the legal limits on "street photography." Other countries have different rules as can be seen in a recent discussion in the .

Over the past few months the NPPA has objected to a number of ag-gag laws, the most recent of which was by Tennessee Governor Bill Haslam after receiving a ten page opinion from his that it was "constitutionally suspect."

One of the concerns was that the proposed law contained a mandatory reporting clause that required people to turn over their unedited images and recordings to police within 48 hours of taking them. This is considered by many to be a prior restraint on the press and an infringement on First Amendment rights, not to mention the Fifth Amendment right against self-incrimination as well as a violation of due process rights under the Fourteenth Amendment.

capitol reef, old mormon farm by antonio chiumenti

Utah looked like it was going to be the first state to prosecute a citizen under its law for recording video of an agricultural site from a public place but on the eve of the trial after widespread reporting on this matter.

A Hawaii anti-paparazzi law that could have been applied to anyone with a camera was also . Known as the "Steven Tyler Act," attempted to create a "constructive invasion of privacy," thereby creating civil penalties for people talking pictures of people in public, where they would normally not have a reasonable expectation of privacy. The NPPA has also been successful in having a sponsor withdraw a in California.  Where they were attempting to add greater civil penalties for traditionally protected First Amendment activities such as photography under the guise of strengthening an existing .

The NPPA also the New Mexico Department of Homeland Security to amend it polices regarding photography after receiving complaints from some of our members concerning problems taking pictures of "historic structures and national landmarks" and other subjects.

At NPPA urging, the U.S. Justice Department in support of photographer Mannie Garcia's federal civil rights lawsuit against Montgomery County Maryland police for its unlawful arrest.

Not only is the right of access important, but so too is the right to be able to protect those images from being used without permission, credit or compensation. It is for that reason (among others) that the NPPA joined in a against Google. 

"The NPPA takes the issue of copyright violation very seriously," said NPPA executive director Mindy Hutchison. "In our primary role as an advocate for visual journalists, it was only natural to join with others to challenge this widespread and ongoing infringement. It is our intention to stop this practice, and protect the rights of our visual journalists, along with their ability to control, license, and sell their own images."

The NPPA will to continue to educate the public and advocate on behalf of photographers for access and protection of their work. You may learn more about the National Press Photographers Association on the website

Exposure! Enter Today!

Posted by Justin Case — 29 Apr 2013

If you haven't already checked out the current contest, you should get over to !

The deadline is .  You can still get in after that date, but late entry fees will apply.

There are bonus prizes available too!

	Photographers, you have just 1 day left to join the This is your chance at... $30,000 in awards | Photo Exhibition in NYC | World Class Vacation to Paris PLUS: A Published Feature of your work in a Limited Edition Photography Book Your Standard Entry Deadline is TOMORROW Tuesday April 30, 2013 11:59pm EDT Late entry fees will apply after the deadline. All entrants will receive a Thank You package of exclusive freebies and discounts!
	Your Standard Entry Deadline is TOMORROW Tuesday April 30, 2013 11:59pm EDT

Expose Yourself!

Posted by Justin Case — 27 Mar 2013

is at it again, this time with the 4th annual international photography competition offering over !

This is another great chance to get more exposure for your work... and there's still time to enter for the !

	Photographers, you're invited to join EXPOSURE. See.Me presents the 4th annual international photography competition offering over $30,000 in awards including a $10,000 grant and an exhibition at the Aperture Foundation in NYC. Photographers, this is your moment. Register before March 29th Midnight ET for the $1,000 Early Entry Award!
	The Awards
	Your photography holds power. Share them with the world for a shot at life changing awards. Photographers of all levels and styles are invited to participate and be considered for over $30,000 in awards, including a world-class NYC Exhibition and a dream getaway to New York or Paris. One Grand Prize Photographer will be chosen to receive: A $10,000 cash grant An Exhibition at Aperture Foundation in New York City's Chelsea arts district A Printed Feature in the EXPOSURE 2013 photography book International Exposure Additional awards include a Trip to NYC or Paris for the People's Choice Photographer, and more.
	The Judges
	by a panel of esteemed, industry professionals. Our panel of jurors will review and determine the winning photographers of the Grand Prize Award, Early Entry Award, and Category Awards: Poppy Shibamoto, Photo Director, Monocle Magazine Clare Grafik, Head of Exhibitions and Publications, The Photographers' Gallery Jane Ace, Managing Editor, Phaidon Francois LeTourneux, Associate Curator, Museum of Contemporary Art Montreal Julia Paoli, Assistant Curator, Power Plant Contemporary Art Gallery Li se Beaudry, Director, Gallery 44 Centre for Contemporary Photography
	The Mission
	Powered by See | Me, the fourth annual EXPOSURE photography competition is an international call for image-makers of all backgrounds who speak in the language of lenses and aperture. Share your best photos today and earn over $30,000 in awards including a world-class New York City Exhibition at Aperture Foundation. Photography is power. Each and every one of us carries a unique experience that manifests in the images we capture. Your photographs are distinguished and exquisite, solitary in the level of embodiment of your character and voice.

A Millions Little Pictures: Analog

Posted by Toby Morrison — 26 Mar 2013

Brooklyn, NY (Art House Co-op) March 1, 2013 -- A Million Little Pictures (AMLP), now in its

6th version, challenges people to capture the world around them in a different light. What do tens of thousands of photographs look like in one space? AMLP is about the accumulation
of photographs from hundreds of different people, that then create a world of their own.

Art House Co-op will be mailing participants disposable cameras to use in their interpretations of 'analog' through a set of film exposures. Every participant who submits their developed photographs will have two of their prints selected for exhibitions that will be showing coast to coast in New York and Los Angeles in Fall 2013.

In addition, every set of photographs submitted will be digitized and added to our online
exhibition and on view in Art House's Digital Library.

AMLP : Analog includes:
· One official AMLP disposable camera
· All of your photos digitized and added to our Digital Library
· Two of your photographs included in two exhibitions. One in NYC and one TBD
· An exciting experience shared with hundreds of others around the world

Art House co-op is an independent Brooklyn-based company that organizes creative
projects for a global audience and harness the power of the virtual world to spread inspiration and create community in the real world. Anyone, from anywhere in the world can participate in our projects.

A Million Little Pictures: Analog is now open for participation
Please visit us online for details: www.sketchbookproject.com/projects/amlpanalog

Exhibit Your Images In Times Square!

Posted by Justin Case — 9 Jan 2013

See.Me is giving you a !

Create a profile and to get a shot at showing the world what you've got!

This year, show your photos to the world. Photographers, you're invited to join See.Me, a new creative community where you can share your work with a global audience, connect to others and access exclusive opportunities and awards. and be eligible for over $125,000 in awards, including your own massive billboard display in Times Square, New York City. It's free to join. Sign up before January 29, 2013 11:59pm ET and be eligible for exclusive awards. and be considered for: A video of you and your work displayed on one of the largest, brightest billboards in Times Square NYC Your own Solo Photography Exhibition at the See | Exhibition Space in New York City Over $30,000 in cash grants, worldwide exposure, and much ... Vicki Da Silva, Featured See.Me Photographer displayed in Times Square June 2012. See | Me is a vibrant, global community of over half a million creators, where you can showcase your creative work, connect with other creatives, and access exclusive opportunities for awards and exposure.

MoMA's Must-See New Photography 2012 Exhibition

Posted by Justin Case — 29 Nov 2012

Calling All Photographers!

Posted by Justin Case — 15 Nov 2012

See.Me (formerly Artists Wanted) is announcing their global (re) launch and offering over $125,000 in awards to inspired creators to celebrate!

If you join within the next 2 weeks, you are eligible to win up to $1,000 Early Entry Award!

With amazing opportunities to gain exposure, including a video of your work displayed on one of the largest billboards in New York, an exhibition of your work in NY and opportunities for global exposure, your big break could be just around the corner!

These are great opportunities to expand your 'brand' and get your work seen.

Check it out!

To the photographers and image-makers: you are invited to celebrate your creative passion with an international community of over half a million members on See.Me. To inaugurate our global launch, we're offering over $125,000 in awards to inspired creators like you. (psst, it's free to join!) We're featuring creative talents everyday to hundreds of thousands of viewers. Signup today and be one of them. and you could be eligible for: A video of you and your work displayed on one of the largest billboards in Times Square NYC Your own Featured Photography Exhibition in New York City at the See | Exhibition space Over $30,000 in cash grants, worldwide exposure, and so much ... See.Me is a vibrant, global community of creators. It's free to join.

As I See It: iPhone Photography by Cathaleen Curtiss

Posted by Justin Case — 28 Oct 2012

JPG is very pleased to let you know about a new exhibition at CEPA Gallery featuring the work of our very own Cathaleen Curtiss!

Cathaleen's work will be open October 26-November 26, 2012.

The exhibition, entitled As I See It: iPhone Photography by Cathaleen Curtiss features 30 images shot with an iPhone over the last 4 years.

The full announcement from CEPA gallery follows:

Reception for the artist and public

Saturday, November 3, 7:00-10:00 pm

at the Market Arcade

617 Main Street, Buffalo, New York

iPhone and Photo Apps Workshop

Saturday, November 17, 10 am - 1 pm

Taught by the artist.

CEPA Gallery is pleased to announce a unique solo exhibition by award winning photographer Cathaleen Curtiss.  As I See It: iPhone Photography by Cathaleen Curtiss, is an exhibition of 30 images taken over the past 4 years using her iPhone.

An opening reception with the artist will take place Saturday, November 3, from 7 to 10 pm; the exhibition will remain on view through Monday, November 26, 2012. 

In conjunction with the exhibition, Cathaleen Curtiss will teach a one-day iPhone and Photo App Workshop on Saturday, November 17 from 10 am to 1 pm.  The workshop will cover many apps, including PS Express (free), Pro HDR  ($1.99), Snapseed ($4.99), Photosynth (free).  Participants will discuss ways of improving iPhone photos from capture to completion, shooting and critiquing their photos together.  Space will be limited and can be reserved by calling CEPA at .  The fee for the workshop will be $50.

About the Art and Artist

Cathaleen Curtiss, an award winning photojournalist and editor, recently turned her talents to making compelling images using her iPhone.  For the last 3 plus years she has made a point to create one image per day.  These often-playful images of daily life make the point that Cathaleen often stresses - "The best camera is the one that you have with you!"

As a photojournalist, she has documented events from Super Bowls to Superpower Summits, covering three presidential administrations and handling daily assignments and international news.  An active member in the National Press Photographers Association, Curtiss was recognized as Photographer of the Year by the White House News Photographers Association in 1990.

As Vice President of Global Photography at AOL, Cathaleen built and managed a global staff of visual content editors who created visual presentations for AOL worldwide.  Cathaleen was a visionary in creating and successfully leading a staff in the US, Europe, Mexico and India to support the ongoing need for visual content on AOL. Growing the staff from 2 photo editors in 1997 to over 80 by 2009, Cathaleen played a key role in expanding the use of photojournalism online.  The photography department under her direction accounted for over 12 billion page views a year.  She also oversaw the direction, development and implementation of AOL Visions.

Currently, Cathaleen is Director of Entrepreneurship at Daemen College; managing director of JPGmag; board member of the National Press Photographers Foundation (NPPF), National Clip Chair for the National Press Photographers Association (NPPA) and a member of the board for CenterSpace. She also writes a blog "As I See It". 

Also in conjunction with As I See It: iPhone Photography by Cathaleen Curtiss, CEPA will stream the submissions from the public component of Visions of Greater Buffalo 2012.  CEPA Gallery asked the general public to submit their photographic visions of greater Buffalo taken with their camera phones.  All submissions will be projected in a slideshow format in the underground gallery for the run of Curtiss' exhibition.  More information on Visions of Greater Buffalo can be found at

We hope that, if you're in the area, you'll stop in - take a look - and say 'hi'!

Expanding the 21st Century Definition of Photography

Posted by Justin Case — 25 Oct 2012

Photography & The Law: Some Conventional Wisdom @ the DNC

Posted by Mickey H. Osterreicher — 3 Sep 2012

*** 9/3/12 UPDATE *** Just before the start of the 2012 Republican Convention, which was held in Tampa, FL last week, I wrote the following blog. This is an UPDATE as the press, protestors and police prepare for the Democratic National Convention. .

Tampa Police Chief Jane Castor speaks to media prior to a protest march at the Republican National Convention by Mickey Osterreicher

When I was 19, I covered my first political convention. In 1972 the democrats were meeting in Miami Beach where they nominated George McGovern to run against Richard Nixon. The Vietnam War was coming to an end and I was the photo editor of my college newspaper, The Spectrum. I never expected to get credentials but persistence paid off and I found myself walking around the Miami Beach Convention Center - spending almost as much time shooting pictures outside as inside. I was in awe of the Life Magazine photographers and other well-known photojournalists who were also covering the event. For some reason I have a knack for recognizing people and was often able to get a few frames off before the rest of the media realized who was walking by.

Of course a lot has changed since then. Black & white film - the staple of photojournalism is now a quaint novelty along with the unfettered access journalists had - even for a young hippie looking kid with a Nikon.

As I mentioned in last weeks blog, I have the ability to spot a well known face, even out of context and that was true here in Charlotte.

Piers Morgan walks down a Charlotte street. Do you think Larry King would have recognized him? by Mickey Osterreicher

Forty years later, I am in Charlotte for the 2012 Democratic National Convention having arrived directly from Tampa, where the Republicans nominated Mitt Romney and Paul Ryan as their party's candidates. As expected there are more cameras at these events than there are people; and just like the NATO Summit held in Chicago this past May, for journalists covering events outside the conventions - everyone from mainstream media, to bloggers, citizen journalists, protesters and bystanders has a camera of one kind or another. With the widespread proliferation of cellphone cameras, capable of recording high-quality images along with audio and video, everybody is documenting everything and everyone.
Remember when people held up candles at a concert? Now its cameras and even non-photojournalists have learned how to shoot a "Hail Mary." by Mickey Osterreicher

That is the main reason for my presence at these conventions. To do my best to ensure that the Constitutional right to photograph and record on public streets is not abridged during the protests held in both cities. So far so good. Only two demonstrators were arrested in Tampa and the police not only acted professionally but served as good-will ambassadors - offering journalists directions to locations and bottled water on the hot humid days outside the security perimeter. It was a far cry from the troubling incidents that occurred at the political conventions in and in 2008.

Protester march just outside of the security perimeter in Tampa for the RNC by Mickey Osterreicher

Some of that can be attributed to the fact that there were only about 500 protestors in Tampa, which may have been due to the threat of Hurricane Isaac, the police were present in overwhelming numbers and they all appeared to have embraced the First Amendment concept that citizens have a right to peacefully protest and everyone, including the media has the right to photograph and record on a public street.

After the first protest march in Charlotte on 9/2, where there were almost twice as many demonstrators, the police here are behaving in the same manner and I hope it stays that way.

Protestors are starting to gather in Charlotte for the DNC by Mickey Osterreicher 

Both and have established security zones (see Tampa Secret Service info) around their respective convention centers. Those ordinances also ban a deemed to be potential weapons. It was thought that photographers who carried gas masks or a monopod or tripod might be cited for violating these new restrictions but that has not been the case. Also regulations in Tampa stated that unless you had a Media credential from the RNC, you may not enter the "security perimeter" around the convention center and Forum with "camcorders or large cameras with lenses over four inches." The enforcement of that rule also appeared to be lax.

It is still important to note that many of the streets in Charlotte that appear to be public are actually privately owned by many of the banks in that city, which may further complicate the right to record. As a matter of fact yesterday, I received a call from a Washington Post photographer who was told by security guards that she could not photograph the Bank of America building from a public street. Fortunately I was able to straighten that out with the head of BoA corporate security and such nonsense will not be an issue.

Signs, signs everywhere signs. It is important to find ones that say something. Marchers protesting outside Bank of America in Charlotte during the 2012 Democratic Convention. by Mickey Osterreicher

Another concern will be the enforcement of "The Federal Restricted Buildings and Grounds Improvement Act of 2011," which was signed into law in March, making it a federal offense to cause a disturbance at certain events. More specifically, anyone who trespasses on specified property or at times and locations "so restricted in conjunction with an event designated as a special event of national significance" may be prosecuted and subject to a fine or imprisonment or both. Both conventions have been designated a "" by the Department of Homeland Security.

When covering demonstrations, protests, marches and rallies you should be aware that there is a risk of arrest. Just because you may be a photographer, have a camera or believe that you have a lawful reason for being present to observe, document and report on these events does not provide immunity from being arrested along with those participating in these events.

If a police officer orders you to move, it is advisable to comply with the request. How far you move is something that you will have to decide for yourself. If you believe that the order is not a reasonable one, ask to speak to a supervisor or the public information officer if that is possible. It is important to be very aware that most police officer do not like to be questioned or challenged once they have told you to do (or not do) something and a mere hesitation, question or request may result in your detention or arrest. Only you can make that judgment call as to what to do. Every situation is different as is every police officer's reaction to your behavior.

Everyone had a camera at the NATO Summit in Chicago by Mickey Osterreicher

While covering these events police may ask to see your images, recordings or files. Be aware that you do not have to consent to such a request. They may try to intimidate, coerce or threaten you into doing so but "consent" must be voluntary. You should also know that absent consent or "exigent circumstances" an officer may not seize your camera. Most importantly - no one has any right to request that you delete your images or to do so themselves.

For many of the reasons listed above it is very important to work in pairs or groups so that someone may be able to notify those of us working to protect your rights that you have been arrested or are in police custody. Another suggestion is that, to the extent possible, video & audio recording events before a situation becomes a problem and continue to record for as long as possible. Such recordings may be the best evidence to refute whatever you may be charged with.

For more extensive information and daily updates see my . Also see this about how things went in Tamps. If you get into trouble or have questions about certain situations please feel free to contact me by email at or by text or cellphone at . For more information and links to reference material regarding your rights as a photographer go to the Page

DISCLAIMER - This blog is not intended to be legal advice nor does it create an attorney-client relationship. It is not possible to anticipate every situation. Laws and regulations vary from one area to another and federal, state or local laws may apply. Anyone seeking legal advice should contact an attorney in their area of the country familiar with criminal and First Amendment Law.