Publication Date: November 2018
Publisher: Routledge
ISBN: 9781138604773


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Legal Textbook: "Photography and the Law: Rights and Restrictions"

Photographers and publishers of photographs enjoy a wide range of legal rights including freedom of expression and of publication. They have a right to create and publish photographs. They may invoke their intellectual, moral and property rights to protect and enforce their rights in their created and/or published works. These rights are not absolute. This book analyses the various legal restrictions and prohibitions, which may affect these rights.

In Photography and the Law: Rights and Restrictions, its author, Michael O'Flanagan, investigates the legal limitations faced by professional and amateur photographers and photograph publishers under Irish, UK and EU law. Through an in-depth discussion of the personal rights of the public, including the right to privacy and the right not to be harassed, the book gives a clear analysis of the current legal standpoint on the relationship between such legal rights and the right of freedom of expression.

The book reconciles photographers’ and photograph publishers' rights with the State’s interests and duties. Photographers' and photograph publishers' legal rights may be either restricted or prohibited in support of public interests, including the protection of public order, the security and defence of the State and the administration of justice. They may also be restricted as a consequence of a range of miscellaneous statutory provisions or on public morality grounds. Also, ethical codes of behaviour may place restrictions on the legal rights of certain classes of photographers and photograph publishers.

Comparative legal standing in the European Union is used as a springboard to further analyse Irish and UK statutes and case law, including recent reforms and current proposals for future change.

The book concludes with pertinent suggestions for the necessary reforms and enactments required to rebalance the relationship between the legal, personal rights of individuals, the State’s duties and the protection and enforcement of photographers’ and photograph publishers’ legal rights.

By clearly explaining the theoretical and conceptual reasoning behind the current law, alongside proposed reforms, Photography and the Law: Rights and Restrictions will be a valuable resource for students and academics interested in the law on photography and photograph publishing. Additionally, it will be of practical assistance to legal practitioners, professional and amateur photographers and photograph publishers.