COPYRIGHT INFORMATION & CONSIDERATIONS

2.1 COPYRIGHT CONSIDERATIONS: research potential and intellectual property issues that could affect your project. Document these considerations.

In Australia, copyright law protects the original works of photographers, including the work that will be included in this portfolio. As the creator of the work, the photographer automatically holds the copyright to their photographs upon creation. This means that they have the exclusive right to reproduce, distribute, display, and adapt their work.

However, issues can arise in photography concerning copyright, especially when it comes to the use of identifiable individuals, copyrighted materials, or private properties within the images. For instance, if the portfolio includes images of recognisable people, there are legal considerations related to their right to privacy or publicity. Consent might be required for the use of their likeness, particularly if the images are used commercially.

Furthermore, if the photographs include copyrighted materials such as artworks, brands, or logos, the photographer needs to be cautious about potential infringement issues. While certain exceptions exist for fair use or incidental inclusion, using copyrighted materials without permission can lead to legal complications.

Additionally, photographing private properties or buildings with identifiable architectural designs might also raise concerns about copyright or property rights.

In photography where the work might challenge norms or use unconventional methods, navigating the boundaries of copyright law becomes crucial. It’s advisable for photographers to seek legal advice or obtain proper permissions when their work involves sensitive subjects or potentially infringing elements to avoid legal issues. Understanding the nuances of Australian copyright law and how it applies to the specific context of the conceptual portfolio is essential to protect both the photographer’s rights and the subjects depicted in the images.

I can’t personally see many issues with copyright for my planned images for the conceptual folio. The images will mainly be taken inside hotel rooms, or in a private space, with the models’ knowledge and consent. There won’t be any members of the public included, nor any restricted spaces/buildings.

2.2 Legislative considerations: Investigate considerations such as privacy, trespass, permits, permissions ETC.

Privacy Laws & Permissions: In Australia, privacy laws protect individuals from having their private information or images used without permission. This applies to photographs where individuals are recognisable. When capturing images that involve identifiable people, especially in a context that might be considered intrusive or invasive, photographers should consider obtaining model release forms or consent from the subjects. This is particularly important if the photographs are intended for commercial use or public display.

In my case this is very important as my models will often be in lingerie, nude or scantily clad. Some of my models have requested different levels of privacy for different applications – such as not being identifiable as a sex worker in exhibition work, where as for submission to the assessment at CIT this is fine.

Trespass Laws & Permits: Trespass laws govern the right to access and photograph private property. Photographers need to be mindful of where they’re shooting, especially if it involves entering private property without permission. Even if the focus is on the property exterior from a public space, there can be legal implications if the property owner feels their privacy is being violated or if there’s any disruption caused by the photographer’s presence.

While there may be instances where photographers have the right to photograph private property from a public space, it’s essential to be respectful of boundaries and avoid any actions that could be perceived as intrusive or invasive. Understanding and respecting privacy and trespass laws can help photographers navigate potential legal issues and ensure ethical practices in their conceptual photography work.

In my case for this portfolio I don’t believe that this will be an issue as I won’t be photographing in public, however I need to keep this in mind for future projects. No permits will be necessary.

2.3 Identify Constraints: Determine possible constraints on your project. Document these constraints and how you plan to overcome them.

Finding willing models – While I am well connected in the industry, finding people who will happily be included in this project is a concern. I believe that I will be able to overcome this by being flexible and having an open dialogue with my potential models will allow more people to feel comfortable about being included.

Unknown shoot locations & unpredictable light – using hotel rooms can be difficult as the lighting conditions can be extremely unpredictable. However this is a consideration I am always going to have to account for if I want to keep shooting boudoir photography. Using spaces that are somewhat known to me is one way of overcoming this issue – requesting rooms on the optimum side of a building where possible.

Optimising time and money – making the most of time and money spent can be done by shooting multiple models on the same day, in the same space. The challenge is then ensuring that the photos look unique, and don’t have one particular look to them. A creative challenge!