A professional photographer observes copyright law, as well as human and business ethics.

Professional photographers and those planning to become one should be well-acquainted with the ethical rules of the profession and copyright laws. This was the consensus among participants in a discussion on the topic, organized at F2Studio by Dynaphos and the Sofia Photography School.

Lily Yotova, Chairwoman of the Association of Professional Photographers, Vasil Ruykov, a copyright lawyer, and photographer Georgi Nedelchev discussed various aspects of unwritten and legally codified norms, the observance of which is important for good relations between photographer-photographer, photographer-client (whether the client is an individual or a legal entity), and photographer-trainee (student, course participant).

The journalists' code of ethics is currently the document that can serve as a reference point in various cases of violated moral norms in photographic practice, as became clear during the discussion.

"When there is an issue, we discuss it at the Management Board. We do not have an Ethics Committee at this time," informed Lily Yotova.

Currently, there is no Code of Ethics for photographers in Bulgaria, but their Association plans to create such a regulation, taking as an example best practices from the codes of professional photographic organizations in Europe and the USA.

According to Vasil Ruykov, besides the Copyright and Related Rights Act, every photographer can also be guided by the Constitution. He applauded the initiative for a Code of Ethics but was categorical that it is impossible to describe all rules in it:

"Here we are talking about a combination of written and unwritten rules – both professional and purely human. My personal impression is that ethical rules are instilled in us in childhood and we should build upon them throughout our lives."

And here is Georgi Nedelchev's opinion:

"For a client to be satisfied, both professional and purely human ethics must be observed."

Unethical Practices

Among the most common unethical practices is the use of other people's photos, and according to the Chairwoman of the Association of Professional Photographers, there are many such reports to the Association. In these cases, the Association sends letters to the infringers.

"A large part of the reports occur due to a low legal culture. Users are not familiar with how photographs should be used. That is, they don't know that they need to have permission from the author," explained Lily Yotova.

An interesting discussion arose about whose shot is "mine" if one is in training or at an event where the lead photographer has invested their idea, engaged a model, set up the lighting, and made a demonstration, and then attendees "snapped" ready-made shots.

"From a moral point of view, it's not OK, but the Copyright Act does not protect ideas. An idea is protected when it is expressed in some way," clarified Lily Yotova, but pointed out that even in such cases, there are grounds for disputing authorship, as only the organizer has explicit permission from the model for the photos in which they participate, as well as from the owner of the premises where an event is organized.

For the participants in the discussion, photos taken during a training event or workshop are for educational purposes, and no one has the right to use them for commercial purposes, and "snapping" is not authorship, but the exercise of a skill.

"For a photographer to say that they have created their own original work, they must first have their own original idea, and then have personally shot it. If the photographer invents the concept, chooses the lighting, the model, has their own idea - the entire organization is guided by their own style. And then it is extremely unethical for any of the workshop participants to use these shots in any form," commented Georgi Nedelchev.

And what if a dispute arises? Vasil Ruychev's answer is that claims for violated rights could be made by the model and the instructor:

"Each case must be looked at very specifically, because each case contains details. But if a dispute arises, there are possibilities for defense. Not every time, but there are."

What are the rules for photographing in public places and public figures; what is the difference between plagiarism and a photo inspired by someone; how are prices formed, including copyright, and is there judicial practice in favor of a photographer who claims their shot was stolen – watch the video from the event "Ethics in Photography. Copyright" on Dynaphos's YouTube channel here or on our Facebook page here.

The photos in the article are by photographer Dilyana Gergova.