Master Photography

Tripod – Legal Talk


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Quiz

I hiked 14 miles to Trolltunga.  I’m exhausted, but it’s beautiful.  I want to show a person in the shot to give the location scale.  The person’s face is not showing.  Can I post the photo on my website and social media?
I took a photo in a national park that I really like.  Someone asked me if they can buy the photo, but I’m not sure because I didn’t have a commercial photography permit.  What can I do?

You’re good.  No issue.


I’m using the RGPS app and someone found my location and offered to pay me $300 to take them around for the day.  Part of our shoot was in a State Park and the park ranger threatened to fine me $5,000 for not having a permit.  Is that right?!?!

Yep, you’re outta luck pal.  Same in National Parks.  You REALLY have to check the law for the location you’re going, build permits into pricing, and also check local guiding laws.
My experience getting permit in Arizona
Getting permits in Zion and Glacier.  Require you to say WHEN and WHERE you’ll be at all times.
Call back until you get the right person.  Confirm no-permit with an email and get the person’s name.


I was driving to a landscape shoot and saw police arresting a drunk guy.  The police got mad at me for photographing them.  They threatened to arrest me if I did not leave and then after it was over they told me to delete the photos.

Dealing with LEOs

Give a VERY WIDE space to LEO when they are making an arrest.  They need to know who is safe and who is dangerous.  GIVE THEM ROOM to do their job.
If LEO is being polite and friendly, then don’t be a jerk.  Just help them do their job.  Their job is hard enough.
If LEO is being a jerk or you think there really could be some trouble, then be careful.  

Always give your name and identification.
Exercise your right to remain silent
If detained, repeatedly ask, “Am I free to leave right now?”
If arrested, narrate exactly what’s happening as it happens.


LEO can NEVER EVER delete a photo from your camera without a warrant–PERIOD!  In fact, they probably can’t even look at your photos.




I was in the Smithsonian museum when a security guard asked me if I am a professional photographer.  I said that I am and he asked me to leave, and also said I needed to delete the photo or he would take my camera.  What should I do?

You DO have to leave, but he cannot take your camera or make you delete the photo without a court order.  He may be able to detain you very temporarily until LEO arrives.


I was driving around the fields of Iowa and spotted some sheep in the morning sunrise.  I stopped and photographed the sheep as part of the landscape.  

Ag-Gag laws

Can be agriculture or livestock
Idaho’s got struck down.  
MANY federal courts have struck them down as unconstitutitional
In a practical sense, NOBODY IN THEIR RIGHT MIND would sue you for this, because it’d be a perfect set of facts for the law to be struck down.




I photographed a house on Lombard street in San Francisco and sold it as stock.  Turns out a company bought the photo to use in an article about foreclosure.  Now the homeowner is threatening to sue me for both defamation and for me not having a property release to photograph the house.  Am I in trouble?

Yes, you’re in trouble.  Even if you’re right, this could be very expensive to defend, but you’re CLEARLY in the right here.


I was in Paris and photographed a church.  There was an ancient statue in front that is the center focus point in the photo.  Now the church is suing me for infringement on their copyrighted statue.  Am I in trouble?

You’re in PARIS, so US law won’t do anything for you.  However,
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Master PhotographyBy Master Photography Team

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