Re: Control of Images by the Police

If the photos were taken by photographers that are regular employees of the police, and taking photos is part of their job, then the photos likely would be works made for hire and the police would own the copyright . In that circumstance, reproduction or publication without authorization of the police would amount to infringement [unless it was a fair use of some sort]. If the photographers were not employees but were commissioned by the police, then the work would not be for hire absent a written agreement stating that the work was indeed for hire. In addition, the photos must also be for one of the nine statutorily enumerated catagories of works eligible for work for hire status. If the photographer owns the copyright, then you only need the permission of the photographer to satisfy the copyright laws. Of course, if the photographer entered into an agreement with the police which imposses restrictions on how the photos may be used, displayed, etc., then you could run afoul of contract laws by using the photos in a manner not permitted by their agreement. [i.e., inducing breach, interference with contractual relations, etc.].

As for the rights of those depicted, the laws of privacy are governed by state rather than federal law, and thus you are potentially subject to 50 different laws of privacy. In some states, privacy rights survive the death of the person depicted.

Bob Penn
<thresshold[_at_]aol.com> Received on Sun Feb 02 1997 - 18:20:23 GMT