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Model Release
A model release, known in similar contexts as a liability waiver, is a legal release typically signed by the subject of a photograph granting permission to publish the photograph in one form or another. The legal rights of the signatories in reference to the material is thereafter subject to the allowances and restrictions stated in the release, and also possibly in exchange for compensation paid to the photographed person. A model release is not needed for most photograph publication because of freedom of speech rights (which vary by country.) A model release is needed for publication where personality rights or privacy rights would otherwise be infringed. No release is required for publication, as news, of a photo taken of an identifiable person when the person is in a public place. In general, no release is required for publication of a photo taken of an identifiable person when the person is in a public space unless the use is for trade or direct commercial use, which is d ...
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Liability Waiver
A liability waiver is a legal document that a person who participates in an activity may sign to acknowledge the risks involved in their participation. By doing so, the company attempts to remove legal liability from the business or person responsible for the activity. In the United States In the United States, the enforceability of such a waiver depends on state law, a jury, and the language of the waiver. A signed liability waiver is not a blanket exemption from liability for operators of a dangerous activity. Under the law of tort, prior to injury, the specific risk must have been known to and appreciated by the plaintiff in order for primary assumption of risk to apply. Courts may refuse to enforce a general liability waiver if it fails to inform the signer of the specific risk that caused the injury. Liability waivers include pre-accident releases and model releases (for pictures). Reckless or intentional actions can never be disclaimed and liability resulting from a faulty ...
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Privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of appropriate use and protection of information. Privacy may also take the form of bodily integrity. The right not to be subjected to unsanctioned invasions of privacy by the government, corporations, or individuals is part of many countries' privacy laws, and in some cases, constitutions. The concept of universal individual privacy is a modern concept primarily associated with Western culture, particularly British and North American, and remained virtually unknown in some cultures until recent times. Now, most cultures recognize the ability of individuals to withhold certain parts of personal information from wider society. With the rise of technology, the debate regarding privacy has shifted from a bodily sense to a digital sense. As the ...
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Photography
Photography is the art, application, and practice of creating durable images by recording light, either electronically by means of an image sensor, or chemically by means of a light-sensitive material such as photographic film. It is employed in many fields of science, manufacturing (e.g., photolithography), and business, as well as its more direct uses for art, film and video production, recreational purposes, hobby, and mass communication. Typically, a lens is used to focus the light reflected or emitted from objects into a real image on the light-sensitive surface inside a camera during a timed exposure. With an electronic image sensor, this produces an electrical charge at each pixel, which is electronically processed and stored in a digital image file for subsequent display or processing. The result with photographic emulsion is an invisible latent image, which is later chemically "developed" into a visible image, either negative or positive, depending on the purp ...
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Personality Rights
Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction. Classification Personality rights are generally considered to consist of two types of rights: the right of publicity, or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. United States jurispruden ...
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Legal Guardian
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardia ...
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Age Of Majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word ''majority'' here refers to having greater years and being of full age as opposed to ''minority'', the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and may be legally denied certain privileges or rights (e.g. the right to vote, buy alcohol, marry, sign a binding contract). Age of majority should not be confused with the age of maturity, age of sexual consent, ...
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E-commerce
E-commerce (electronic commerce) is the activity of electronically buying or selling of products on online services or over the Internet. E-commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collection systems. E-commerce is in turn driven by the technological advances of the semiconductor industry, and is the largest sector of the electronics industry. Defining e-commerce The term was coined and first employed by Dr. Robert Jacobson, Principal Consultant to the California State Assembly's Utilities & Commerce Committee, in the title and text of California's Electronic Commerce Act, carried by the late Committee Chairwoman Gwen Moore (D-L.A.) and enacted in 1984. E-commerce typically uses the web for at least a part of a transaction's life cycle although it may also use other techno ...
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Photojournalist
Photojournalism is journalism that uses images to tell a news story. It usually only refers to still images, but can also refer to video used in broadcast journalism. Photojournalism is distinguished from other close branches of photography (such as documentary photography, social documentary photography, war photography, street photography and celebrity photography) by having a rigid ethical framework which demands an honest but impartial approach that tells a story in strictly journalistic terms. Photojournalists contribute to the news media, and help communities connect with one other. They must be well-informed and knowledgeable, and are able to deliver news in a creative manner that is both informative and entertaining. Similar to a writer, a photojournalist is a reporter, but they must often make decisions instantly and carry photographic equipment, often while exposed to significant obstacles, among them immediate physical danger, bad weather, large crowds, and limited ph ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Civil Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of neg ...
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Legal Release
A legal release is a legal instrument that acts to terminate any legal liability between the releasor and the releasee(s), signed by the releasor. A release may also be made orally in some circumstances. Releases are routinely used by photographers, in film production, by documentary filmmakers, or by radio and music producers when they photograph, film, video or record the voice or performance of individuals to be sure that the person consents or will not later object to the material being used for whatever purpose the release (or anyone they may assign the release rights to) wishes, i.e. that the release wishes to use the images, sounds or any other rendering that is a result of the recording made of the releasor (or property owned by the releasor for which the releasor may claim some other right such as industrial design rights, trademark or trade dress rights). This will help in insuring the copyright owner has a clean chain of title for any work if it is later published, bro ...
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Public Place
A public space is a place that is open and accessible to the general public. Roads (including the pavement), public squares, parks, and beaches are typically considered public space. To a limited extent, government buildings which are open to the public, such as public libraries, are public spaces, although they tend to have restricted areas and greater limits upon use. Although not considered public space, privately owned buildings or property visible from sidewalks and public thoroughfares may affect the public visual landscape, for example, by outdoor advertising. Recently, the concept of shared space has been advanced to enhance the experience of pedestrians in public space jointly used by automobiles and other vehicles. Public space has also become something of a touchstone for critical theory in relation to philosophy, urban geography, visual art, cultural studies, social studies and urban design. The term 'public space' is also often misconstrued to mean other things su ...
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