NPPA At PhotoPlus: Photography & The Law – Access, Copyright & Social Media Issues

Oct 7, 2013 Advocacy

DURHAM, NC (October 7, 2013) – Ever since 9/11 there’s been a heightened awareness of taking pictures or recording events in public. This issue is exacerbated by the widespread proliferation of cellphone cameras and the ability of everyone to post photos and recordings to the Internet, where they may be viewed, shared and, in many cases, go viral with thousands of views.

Many in law enforcement have the erroneous belief that they can order people to stop taking pictures or recording in public. Interference and in some cases arrests stemming from those actions have led to a number of court cases resulting in six-figure settlements, new policies and procedures and sometimes serious disciplinary actions against the officers involved. 

As the general counsel for the National Press Photographers Association (NPPA), representing 7,000 visual journalists nationally, Mickey Osterreicher deals with these issues on a daily basis. As a former print and broadcast photojournalist and a uniformed reserve deputy with the Erie County Sheriff’s Department since 1976, he brings a unique perspective to this growing problem. He will be joined by former NPPA past president and attorney Alicia Calzada.

In this intensive three-hour session Thursday, October 24, from 8:45 to 11:45 a.m., NPPA's Osterreicher and Alicia Calzada will address First and Fourth Amendment rights and provide an analysis and update on the most recent cases and court rulings dealing with these issues. He’ll discuss the implications of new legislation being proposed and enacted by a growing number of states, ostensibly intended to protect people and businesses from those who would photograph and record. Calzada will look at some of the terms and conditions under which images and videos may be posted online, along with a discussion of copyright, fair use, cease and desist letters, DMCA and takedown notices. As millions of images and videos get uploaded, viewed and shared, the importance of understanding and protecting intellectual property rights is more vital than ever. This session will offer practical advice for all photographers facing these situations.