Thursday, December 5, 2013

3. Reasoning of the Law

3.Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer

I'll start with question 1 that states: I was contacted by a client and asked if I would photograph her wedding. Do I need a business license even if I’m only doing photography as a hobby and not as a business? The lawyer says there is no need of a business license. He says it’s no problem to take pictures since it’s only a hobby, but if you start having more people go to you and you earn a reasonably bigger amount of money then you should consider having a business license because the bank or the government will know. More examples like If you place money in your bank account and you start getting good profits--  Also it will involve tax changes. Another answer a way the lawyer uses logic is when can I sell photographs I take off private property?(In Example: someone's house and use the image in blank photo notecards or framed enlargements without the owner's permission?) He answered yes, but probably from a distance unless you have gained entry illegally. “You may need permission from the property owners if you intend to use the image to endorse a product. Many institutions such as the National Trust, English Heritage, Disneyland and Graceland that allow ticketed access to the public make it a condition of entry that photographs may be taken, but may not be used for commercial gain of any kind.” We don’t exactly know how certain properties can harm the photographer or trespasser and the owners. It is said that, Lowest Liability: Trespassing Adults. A trespasser is anyone on the property without consent. A landowner is liable to a trespasser only for intentionally injuring him or for some other gross misconduct. The landowner has no liability to a trespasser for mere negligence…”(Samuelson, Page 94)Sometimes it's just better to stay away from private property.

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