Taking pictures at art or photo exhibit

Good afternoon, hope someone might know the answer to this. I have an ongoing exhibit of a photography collection of photos important to me. I sent PR releases (as I usually do) to a local newspaper with three water marked photos they could use if they wished. The newspaper reporter visited my exhibit but took photos on her own of 10+ photos, then posted them online as part of an article. She even wrote captions for them. They are not watermarked of course and anyone at this point could download them. I am working on getting them removed but is this legal for a publication to take photos at an exhibit, then post them online?

Usually, agallery, like a store or theatre, is a private place open to the public. Unless there is prior notice, such as a prominent sign at the entrance, a visitor or client can take pictures unless or until told not to by the owner, tenant or temporary occupant. You cannot require the photographer to turn over or delete any photos already taken but if the photographer persists, you can have him removed and charged with trespass.

 

Copyright law has a fair use exception that the publication of "newsworthy" photos or photos used to illustrate critical commentary.

To me 10+ photos seems to be a lot and may go beyond "fair use".

 

Next time, be sure your press release expressly forbids using photographs not supplied or authorized by you. You can now ask the newspaper to remove their photographer's photos from the online site. If they refuse, you can sue (anyone can sue for anything) but that would probably be an expensive and losing proposition for you.

You sent press releases then a newspaper reporter came and took some pix and is doing an article about your show and you dont want that at all? This is fair usage for is an editorial article. Is not commercial at all. That said, the article came out and doesn't talk about you or your work at all and didnt give your photo credits? So what is the article about it?

 

What you must do is make sure that the images the newspaper is using online have this in there: Photos by Carol Lowbeer or Photos by Carol Lowbeer © 2017 or Carol Lowbeer © 2017 If not contact the reporter right and make sure photo credit line is given. Newspapers or magazines never place a watermark on the images, instead it will be next to the photo (s) or quite obvious somewhere on the story.

 

If is a story on you and your images then is an editorial piece and free publicity for you. Just make sure that once the exhibit is over the newspaper delete all those images from their archives. But if you want publicity and to be found then let them keep it in their archives as long photo credit is included.

You got a good deal!

For the purpose of promotion of your exhibition, the journalist/photographer is within their right to photograph and reproduce under the terms of fair use in print media (for the purpose of announcing or promoting an exhibition), unless you have specifically stated (in writing, never verbally) that photography of the exhibition is not permitted — by media, visitors/viewers or anybody else.

 

Your bigger problem will be exhibiting in the age of smartphones where people will casually whip out a phone and photograph whatever takes their fancy. Where it ends up after that is anybody's guess. But it could also be used to misrepresent and/or misappropriate i.e. sold as the work of somebody else for their profit and enjoyment, rather than yours. Once uncovered, proving the works is yours through legal channels is the single biggest (and costliest!) headache in this day and age. Copyright? Yeah, she'll be right, mate. Unfortunately, the reality is you would need a second mortgage on the house to see through the battle! It is fortunate that many established, reputable galleries forbid the use of photographs; indeed, I know of many that require that phones and cameras be left with reception or security.