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By: Jaime Israel Dávila Gómez, Attorney-at-Law
The daily work of a photographer involves a series of legal rights in their favor—many of which they are often unaware of—that, to varying degrees, affect their professional activity.
First and foremost, photographers are entitled to the full range of human rights granted to any individual, notably the rights to freedom of association, freedom of expression, and access to culture and information.
They also enjoy the rights afforded to any service provider, as well as the legal rights granted to taxpayers (when their work is remunerated). In the first instance, these rights primarily concern the payment for services rendered and the obligations assumed by the contracting party.
Finally, photographers are protected by copyright law, which grants them full authority over the conditions under which their work may or may not be used—regardless of whether such use is for commercial purposes.
However, photographers must also comply with certain legal obligations. For example, they must fulfill the services for which they are hired under the agreed-upon terms. Additionally, photographers must consider legal issues related to capturing and distributing certain content. For instance, when photographing individuals, they must ensure they have obtained proper authorization to capture, use, and commercially exploit those images.
The best tool photographers have for protecting themselves is to document all agreements with the individuals whose images will be captured. This includes specifying the purpose of the image capture, the intended use and distribution, the compensation agreed upon, and the terms under which consent can be revoked. Proper documentation helps avoid unfounded legal claims.
Photographers may face similar legal concerns when their images include other copyrighted works or, less seriously, when brands or corporate references appear in their photos.
It is essential to understand that in any professional activity—especially when third parties are involved—one must be aware of the legal implications in order to avoid potential problems.