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21st May 2010 06:42 PM
#1
A Foreword on Legal Discussions on Photography in Singapore
Hi everyone!
I am honoured to have been invited by Red Dot Photo Forums to assist members in questions that they may have regarding legal issues on photography.
Complexities of Legal Issues in Singapore
Very often, photographers face a vast number of legal issues when practising their art, which is not unforseeable given that the taking of photographs invariably involves other parties.
As such, photographers and hobbyists find that they counter a myriad of photography-related legal issues.
Many of such issues can be complex and span several areas of law, and hence, it can sometimes be difficult to find any answer to a legal issue which hobbyists and professionals alike may encounter.
Misconceptions and the Internet
Photographers therefore resort to the online forums such as these to try to find answers to their questions, but more often than not, they are left more confused than before they started; as there are a diverse range of views on both ends of the spectrum.
This problems is further compounded because the development of law in Singapore always lags behind other more developed countries.
As such, when photographers try to search the Internet for answers, they tend to find answers relating to issues in other countries; most notably the United States (who are a far more litigious society than ours). They then operate under the misperception that the laws in the United States applies equally in Singapore and hence, try to advise (probably with the best of intentions) their fellow photographers in Singapore.
When enough of such misconceptions get propagated, photographers in Singapore adopt such as the gospel truth. This is because any new person who asks that question, would get the wrong answer from these older batches of people; tries to verify it by searching online, and promptly getting the answer from a US based website.
Example of Misconception in Singapore
For example, until recently, photographers in Singapore were going on and on about model releases; where such a concept is actually unique to the United States due to specific legislation. However, because the concept of model releases has been propagated so many times, many photographers in Singapore mistakenly believes that model releases are required under Singapore law!
In fact, Singaporeans, being a kiasu and kiasu bunch, tend more often than not, to "self censor" and operate under the impression that they can't do this or that, or they have to do this or that, when in fact, they are mistaken!
Hence, I am grateful to Red Dot Photo for giving me the opportunity to provide some input on legal issues specific to photography and specific to Singapore.
Hopefully this will allow for photographers in Singapore, both professionals and hobbyists alike, to become more aware of their rights and obligations, as photographers, under Singapore laws.
No Monopoly on Knowledge
I would like to end by saying that there is no monopoly on knowledge, whether in the legal circle, photography circle or any other industry.
What is most important is a healthy and constructive discussion on the issues at hand, without having regard to who is superior or pay too much attention to credentials or qualifications.
What is more important is the substance of what is said, not the credentials of who said it.
Just because I'm a sponsored professional in this forum does not mean that I have the last say and am never wrong.
In fact, I welcome and strongly encourage members to engage each other in a healthy exchange of ideas in this forum without having to fear that one will make a fool of oneself by saying the wrong thing! In other words, please feel free to share your ideas without thinking that only the sponsored professional can give an answer here.
I will endeavour to help as much as I can, but after all, each of us have our own commitments!
Caution
I would however caution that any "advice" given on an forum like this should never be treated or relied on as legal advice. If an issue is disturbing you sufficiently or where there is a significant impact on you personally, I will encourage you to obtain independent legal advice from your lawyers where necessary.
Conclusion
I would end this somewhat lengthy foreword right now, and hope that everyone can participate and help each other to clear any doubts on legal issues relating to photography!
Only then can photographers be free to practise their art without having to worry about legal matters, which should be the last thing on any artist's mind!
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21st May 2010 06:43 PM
#2
We are pleased to welcome you to our forums and hopefully, we can help our members to gain further insight and clear their doubts!
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