Business Laws For Photographers: Zoning And Beyond

When it comes to photography, there are a multitude of business and zoning laws that photographers need to be aware of to avoid legal repercussions. These laws vary across different countries, states, and even neighbourhoods, so photographers must be diligent in understanding the specific regulations that apply to their location. One of the most important considerations is the distinction between public and private property, as different rules govern each. While photographers generally have the right to take pictures in public spaces, they must be mindful of privacy rights and cannot trespass on private property without permission.

Another critical aspect of photography laws is the concept of commercial versus non-commercial use. Photographers cannot use someone's image to sell a product or promote their business without the subject's consent, which is usually obtained through a release form. This distinction also applies to the use of photographs in advertising, news, art, or personal endeavours. Understanding contracts, release forms, and copyright laws is essential for photographers to protect their work and avoid legal issues.

Zoning laws play a significant role in determining where photographers can operate their businesses. These laws dictate whether an area is zoned for commercial or residential use, with specific restrictions on the types of businesses allowed in each zone. Photographers working from home, especially, need to be aware of zoning regulations in their neighbourhood to ensure their business activities are compliant.

Commercial vs. non-commercial use

Commercial photography refers to images used to promote or sell a product or service, or to support a business, organisation, or influencer. It can also be called product photography, food photography, fashion photography, architectural photography, real estate photography, event photography, or lifestyle photography, depending on the industry. Commercial photographers are often considered jacks-of-all-trades, as they require different skill sets for each type of photography.

On the other hand, non-commercial photography refers to images used for personal, educational, artistic, or newsworthy purposes. It is important to note that laws regarding commercial and non-commercial photography vary by jurisdiction. For example, in the United States, it is generally legal to photograph or videotape anything or anyone on public property, within reasonable community standards. However, permission may be required for commercial photography in certain locations, such as California State Parks. Additionally, if you plan to operate your business from home, you should be aware of zoning laws that may restrict this.

In the United Kingdom, there are no laws forbidding photography of private property from a public place, except for Jobcentre Plus, where it is illegal. However, permission is needed to photograph or film for commercial purposes in certain locations, such as Trafalgar Square, Parliament Square, and Royal Parks.

It is important to understand the legal requirements of being a professional photographer to avoid any legal issues that may arise.

Drone photography laws

United States:

In the United States, drone photography is governed by the Federal Aviation Administration (FAA). The FAA has set forth strict regulations that drone operators must follow. To legally operate a drone for photography purposes, you must adhere to the following:

• Obtain a remote pilot certificate, also known as a drone operator license.
• Comply with the FAA Part 107 rules, which include restrictions on flight height, proximity to airports, and operations near manned aircraft.
• Check state and local regulations for additional requirements, as these may vary depending on your location within the US.
• Register your drone with the FAA if it weighs more than 0.55 lbs (250 grams).
• Do not fly over private property without the owner's consent. While you can legally fly in most airspace, including over private property, you must respect the privacy of individuals and not invade their personal space.
• Do not fly in restricted areas, such as within 5 miles of an airport or near major sporting events.
• Always keep the drone in your line of sight and avoid flying recklessly.

Europe:

In Europe, drone laws are set by the European Union Aviation Safety Agency (EASA). The regulations differ for hobbyist and commercial use:

• For hobbyist use, drones must be registered with the EASA, and operators must ensure they follow operational limitations, such as maintaining a safe distance from people and not flying above 400 feet.
• For commercial use, a special authorization from the National Aviation Authority (NAA) is required. This involves a risk assessment, and operators must follow specific instructions provided by the EASA or NAA.
• Regardless of use, it is essential to respect privacy and not invade the personal space of individuals or private property.

Other Countries:

• Australia: Similar laws to the US; you can generally photograph anything in a public place without permission, as long as it is not used for defamation or copyright infringement.
• United Kingdom: No laws prohibit photography of private property from a public place, except for specific locations like Jobcentre Plus. However, privacy laws protect individuals from being photographed in places where they expect privacy, such as their homes or private property.
• Germany: Drone photography of public art and architecture is allowed from street level, but images taken from drones are not covered by the freedom of panorama exemption and should not be published or marketed.
• Philippines: There is ongoing controversy and a lack of clear legislation regarding the photography of historical and public places. While personal photography is generally allowed, commercial photography often requires permits and fees.

Public vs. private places

When it comes to photography, it's essential to understand the difference between public and private places and the laws that apply to each. Here is a detailed overview of the key considerations regarding public vs. private places:

Public Places

In most jurisdictions, public places typically include parks, streets, and other outdoor spaces that are easily accessible to everyone. These areas are considered legal for taking photographs without explicit restrictions. This means that photographers are generally allowed to capture images of anything in plain view within these spaces. However, it is important to respect people's privacy, even in public places. Avoid taking pictures of people's private property, such as their homes, and respect their right to privacy in places like public restrooms or anywhere they have a reasonable expectation of privacy.

Private Places

Private places refer to areas that are not open to the general public and are typically owned or controlled by an individual, organisation, or entity. This includes private residences, businesses, and other locations that are not easily accessible to the public. Photographers should be aware that taking pictures in private places without permission is generally prohibited. This means that if you are on private property, you need to obtain consent from the owner or occupant before capturing images. Additionally, even if you are standing in a public place, you cannot use a telephoto lens or hidden camera to invade the privacy of people in private spaces.

Commercial vs. Non-Commercial Use

It is important to understand the distinction between commercial and non-commercial use of photographs. Commercial use refers to utilising images for financial gain or promoting goods and services. In most cases, you will need to obtain permission from the individuals depicted in the photos for commercial purposes. On the other hand, non-commercial use involves using images for personal, artistic, or journalistic reasons, such as displaying them in museums, newspapers, or magazines.

Legal Considerations

Both public and private places have legal considerations that photographers should be aware of. For instance, in the United States, the First Amendment protects the right to take photographs and videos in public places as a form of free speech. However, this does not override people's privacy rights, and using images for commercial purposes without consent can lead to legal issues. Additionally, trespassing on private property to take photographs is illegal, and photographers may be asked to leave if they do not have permission.

In summary, understanding the difference between public and private places is crucial for photographers to navigate the legal landscape of their profession. Respecting privacy rights, obtaining necessary permissions, and being mindful of commercial vs. non-commercial use will help ensure that photographers stay within the boundaries of the law while pursuing their craft.

Zoning laws for home-based businesses

Zoning laws are typically controlled at the local level, so it is important to check with your local department of city planning or a similar office to find out the specific zoning laws in your area. You can usually find this information on your local government website or by contacting your local zoning or planning office directly. It is also worth noting that zoning ordinances are often worded in different ways to limit business activities in residential areas, so it is important to read and understand the specific regulations that apply to your location.

If you are unsure whether your home-based business complies with local zoning laws, it is recommended to consult a knowledgeable real estate lawyer or a local planning or zoning department. In some cases, you may be able to appeal a zoning decision or apply for a special exception or variance to operate your business from home. However, this can be a difficult and costly process, and it may be easier to start your business outside of your home or in a different location that is zoned for commercial use. Overall, it is important to thoroughly research and comply with local zoning laws to avoid potential problems or closure of your business.

Copyright and intellectual property rights

Photographers should be aware of the laws surrounding copyright and intellectual property rights, as these are essential to protecting their work and ensuring they are compensated fairly for its use.

Copyright Law

Copyright law protects original works of authorship, including photographs. A work is considered original if it is independently created and sufficiently creative. Creativity in photography can be reflected in the photographer's artistic choices, such as the angle and position of the subject(s), lighting, and timing. As the copyright owner, photographers have the exclusive right to reproduce, distribute, adapt, publicly display, and digitally transmit their work, as well as prepare derivative works.

Copyright protection exists from the moment an original work is "fixed" in a tangible medium. For photographers, this occurs when a picture is taken. While registration is not required, it is recommended to create a public record of ownership and provide additional legal benefits, such as the ability to bring an infringement claim.

Intellectual Property Law

Intellectual property law refers to the legal protection of creative or artistic works, including copyright and trademarks. It safeguards images, symbols, and, in this case, photographs. It is important to note that intellectual property rights on photographs are protected by laws governing copyright and moral rights, which vary across jurisdictions.

Tips for Photographers

• Educate yourself on copyright laws and regulations to protect your work and provide advice to clients.
• Always ask for written permission from the copyright owner before using their work, and create a formal agreement specifying the usage rights granted.
• Consider including a copyright notice or symbol as a reminder to viewers that the image is copyrighted and cannot be used without consent.
• Obtain copyright protection by registering with a relevant copyright office, such as the US Copyright Office.
• Be aware that, in some cases, permission may not be required to photograph certain objects or subjects, such as architectural works in public places or artistic works displayed in public spaces. However, there may be restrictions on the subsequent use and distribution of such photographs.
• If your work is used unlawfully without your permission, you have the right to pursue legal action, especially if it is a US work registered with the Copyright Office.

Frequently asked questions