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Media Law

A Practical Guide (Revised Edition)

Ashley Messenger

Media Law: A Practical Guide (Revised Edition) provides a clear and concise explanation of media law principles. It focuses on the practical aspects of how to protect oneself from claims and how to evaluate the likelihood of a successful claim. This new edition has been revised to reflect important changes and updates to the law, including recent developments relating to scandalous trademarks, embedding, fair use, drones, revenge porn laws, interpretation of emoji, GDPR, false statements laws, lies, and the libel implications of the #MeToo movement.

Media Law is divided into five sections that help non-lawyers understand how the principles apply to their actual behavior: background information about the legal system; things you can be sued for; how you actually gather information; ways the government can regulate speech; and practical issues that are related to media law. This book is perfect for courses in media and communications law or a combination course in journalism law and ethics, as it covers both the legal and ethical aspects of communication.

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8 Use of Photos, Illustrations, and Other Images


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Use of Photos, Illustrations, and Other Images

Photos and other kinds of images have special and complex considerations. This chapter will discuss three issues that may arise when someone wants to use, publish, or post a photo (or other images or illustrations):

1. Is the use of the photo legally and ethically proper? (Could you be sued for the use?)

2. Do you have the rights required to use the photo?

3. Could you be criminally prosecuted or fined for the use?

Is the Use of the Photo Legally and Ethically Proper?

There are several ways that legal and ethical issues can arise from the use of a photo.

First, one should consider the ethical issues. If you are taking a photo for fun, to post on social media, or for personal use, the only ethical issue is to have basic consideration for the people who may be in the photo. It is wise to consider whether you are capturing an image that the subject would feel is “private,” even it does not meet the criteria for an invasion of privacy claim. You may want to consider whether a person wants to have their photo taken or for it to be shared on social media. If you are in a country other than the United States, you should be aware that people are far more sensitive to privacy issues...

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