INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY EDUCATIONAL RESEARCH ISSN: 2277-7881; IMPACT FACTOR – 6.014; IC VALUE:5.16; ISI VALUE:2.286
VOLUME 8, ISSUE 8(7), AUGUST 2019
LAW AND ART OF RECORDING LIGHT
Kritika Agarwal Research Scholar Visual Arts Department The IIS University, SFS, Jaipur Abstract:
A photographer does not just click a picture but he/she makes one. Making a picture is craft of capturing light. This workmanship has thrived with an extreme change from the manual to digital process and has turned into a significant part of our everyday life. For a common man, it might be a little thing, yet it is far more important for a picture taker. Making an image requires ton of effort, people think that by just releasing a button a picture is created however it much more than that. It takes a lot of time, patience, investment, energy, planning, scheduling, risk-taking, arranging lights, choosing subject, and doing set ups that one cannot even think of in their day to day life. Photography is an assessment that each photographic artist needs to confront every day for making a decent picture. It's not an easy task as it seems. Keywords: Photography, Photographer, Picture, Clicking, Individual, Law, Harmful. Introduction Photography is considered as a free form of art in India however picture takers don't have a clue about that it tends to be inconvenience from them particularly with regards to street photography. Street photography or Public photography has consistently been a piece of discussion that what it ought to incorporate or prohibit. The location is always been a great point of discussion, that which area should be included and which to be excluded like public place or private place and sometimes in both the cases. It is a theme of discussion as well as consideration for photographers as well as the audience. Clicking pictures has always been a topic of interest for many of us, but photography has a great deal of limitations and laws which each photographic artist should know, so that they can stay away from inconvenience. In Indian, we do not have a specific law for photographers, which liberals the photographers to capture anything anywhere they want. In Particular www.ijmer.in 332
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY EDUCATIONAL RESEARCH ISSN: 2277-7881; IMPACT FACTOR – 6.014; IC VALUE:5.16; ISI VALUE:2.286
VOLUME 8, ISSUE 8(7), AUGUST 2019 the Law is for aerial photography which requires permission in India. A photographer is free to capture anything that he/she wants to capture. This doesn't imply that he/she can do anything they desire, the photographer need to remember certain things, if he/she is clicking a picture of an individual then the photographer should take his/her consent before or after clicking a picture. A person should know that he/she is being photographed, if they refuse then do not click their picture. If the photographer is not taking his/her permission then the photographer is performing an infringement. According to the Indian law Article 21, Right for life and liberty, a photographer is breaking it by not taking his/her consent. This right of the individual can make a great deal of inconvenience for photographer when clicking a picture of a person. So to do away with that one should take the permission of people they are photographing. If he/she gives permission then only take a picture of a person else find another interesting subject. Even if a photographer took consent of a concerning person then too they can face trouble by the act of defamation. Deformation is making a false statement about a person in a public and private place. So photographers should keep in mind that what they are capturing, where and how he/she is making use of a picture without defaming any person. Another thing that a photographer ought to keep in mind is that whatever subject they are capturing it should not be harmful for the society in any way, and if it is harmful then it is not acceptable. For instance say, if a person is clicking a picture of a female then it should not be for the purpose of stocking, clicking pictures of children for pornography, creating violence, terrorism and other related things which are unsafe to the general public. On the chance a photographer is doing so than they are performing a crime which is highly punishable. Photography is an art Photography is an art that record light on various mediums says- film, sensor or any other material. It is considered as art by merits, so anyone creating a picture has his/her copyright by default. A photographer must indicate his/her copyright on their artworks for proper recognized and identified when in time of need. If a person is clicking pictures for an organization even then he/she is the primary proprietor of pictures and can make use of snapshots. Copyright of the individual is applicable for 60 years from death of the individual. As the pictures are used or get copied www.ijmer.in 333
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY EDUCATIONAL RESEARCH ISSN: 2277-7881; IMPACT FACTOR – 6.014; IC VALUE:5.16; ISI VALUE:2.286
VOLUME 8, ISSUE 8(7), AUGUST 2019 by others easily. In the event that an individual is utilizing any other individual's photos or very small part of it is used without taking permission of the artist, then the other person is performing a sin and is culpable. In the absence of copyright, a nominal case of infringement can also be created. It is totally illegal for using any others or even a very small part of it without his/her consent. It is steeling an artwork of a person. If a person is clicking a picture them he/she has full right to use the picture in any way photographer wants. The picture take have full access to publish it in a newspaper, social media or anywhere they wants. Constitution of India gives the freedom of speech and expression under Article 19(1)(a) of the constitution. It states that a person is free to express his/her opinion freely. By this Act it unites the photographer for thinking and communicating uninhibitedly. The photographers are free to express on any aspect they want, whatever, wherever than require however it ought not to harm anyone. We don't have any particular law for photography in India but it is a matter of discussion and consideration. As we do not have any direct law on photography, nobody can request a picture taker to demonstrate his/her images, take gears, damage gear and cannot even ask for deleting pictures in any public as well as private place by any means. On the off chance that any official is approaching a photographer for reviewing pictures captured by the photographer then the officer must have a warrant for evaluating the pictures? If anyone is harassing, detained, threatening a photographer for clicking pictures then the photographer taker ought to filing a complaint against them as they are liable for the crime. The photographer's should not to even make the use of pictures negatively. Conclusion: The specialty of photography is exceptionally wonderful and a photographer should maintain its beauty without harming anyone in any viewpoint. It should be meaningful, helpful, liberal, creating awareness and unique in all aspects. Photography is a medium of expression, it can be comprehended by everybody all around effectively and it has an incredible reach. A picture is very powerful that it can bring enormous changes in a person's life as well as society. A photographic artist should utilize an image that ought not to ruin the nobility of any individual or harm anyone in any prospective, as a picture can be pleasurable as well as it can also be distractible. A picture should always be creating awareness www.ijmer.in 334
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY EDUCATIONAL RESEARCH ISSN: 2277-7881; IMPACT FACTOR – 6.014; IC VALUE:5.16; ISI VALUE:2.286
VOLUME 8, ISSUE 8(7), AUGUST 2019 amongst the people rather making issues for the general population. On any occasion one makes a negative use of a picture then it should be punished by the law. With everyone having a camera in hand one should have a legitimate judgment what he/she should be clicking and for what purpose they are clicking a picture, if not needed then he/she should not click a picture at all. An image isn't an image yet it is considerably more than that.
Reference
Wikipedia Contributors. "Photography and the Law". Wikipedia, Wikimedia Foundation, https://en.wi kipedia. org/wik i/Photo graphy_and_the_law "Street Photographer's Rights". Arts Law Center of Australia, Burger Digital, https://www.artslaw.com.au/info-sheets/info-sheet/street- photographers-rights/ Vishnesk, Bob. "Know your Rights as a Photographer!". Photography Life, Photography Life, https://photographylife.com/know-your-rights- as-a-photographer Krages, Bert P. II. "The Photographers Right". Bert P. Krages II Attorney at Law, Bert P. Krages II, Janurary 2016, www.krages.com/ThePhotographersRight.pdf Islamia,JamiaMillia. "Right to Privacy under Article 21 and the Related Conflicts".Legal ServiceIndia.com,Legal Service India, http://www.legalservicesindia.com/article/1630/Right-To-Privacy- Under-Article-21-and-the-Related-Conflicts.html Jain, Riya, and Drishti. "Article 21 of the Constitution of India – Right to Life and Personal Liberty". Academike,Academike., 13 November 2015, https://www.lawctopus.com/academike/article-21-of-the- constitution-of-india-right-to-life-and-personal-liberty/ "Defamation". Business dictionary, Web Finance Inc., http://www.businessdictionary.com/definition/defamation.html Singhal, Nikhil. (2019, May 18). Personal Interview. Koontz, Sheena. "Photography and Law". Contrastly,Contrastly.com, https://contrastly.com/photography-and-the-law/
www.ijmer.in 335
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY EDUCATIONAL RESEARCH ISSN: 2277-7881; IMPACT FACTOR – 6.014; IC VALUE:5.16; ISI VALUE:2.286
VOLUME 8, ISSUE 8(7), AUGUST 2019
"Street Photography and The Law: 7 Things you need to Know". Better Photography One Day at a Time, Click & Company, https://www.clickinmoms.com/blog/street-photography-and-the-law-7- things-you-need-to-know/ "Photographing People". Arts Law Center of Australia, Burger Digital,https://www.artslaw.com.au/info-sheets/info-sheet/street- photographers-rights/#headingh21 "An insight into the Copyright Act, 1957 and the rules made therein". R & A associates, R & A associates, http://www.rna-cs.com/an- insight-into-the-copyright-act-1957-and-the-rules-made-therein/ "Freedom of Speech and Expression in India". Myado, Myado, https://www.myadvo.in/blog/freedom-of-speech-and-expression-in- india/
www.ijmer.in 336