Legal Base article

Motorcycle accidents can kill and it is hardly surprising. As a motorbike rider you are 40 times more likely to be killed than car drivers or passengers. You are more likely to be killed on a motorbike than any other means of transport. In 2004 over 500 people were killed in road accidents and over 6000 were seriously injured. These are scary statistics but they are facts and need to be addressed seriously. Another important statistic is that 80% of motorcycle accidents were caused by the negligence of another. Obviously motorcyclists are very vulnerable because of the lack of protection they have and the fact they only have 2 wheels to keep the bike on the road. If a bikes crosses a man hole or some oil on the road it is a lot more difficult to keep control of a bike than it is a car. Also the injuries you are likely to sustain will be a lot worse than a car accident.

So why are motorcycles so appealing to people when they are so dangerous? Well unless you have driven a bike this can be hard to understand. Having driven motor bikes in my youth I can understand the thrills. For me it was a case being a bit of a tom boy and not being old enough to drive a car and I needed transport to take me to work and back. It was only when my second bike was stolen from my front garden that I decided to learn to drive a car and leave my biking days behind. The cold weather in winter was another factor which convinced me to learn to drive a car. But I will never forget the feeling of being astride a motorbike with just your clothing and helmet as protection. There is nothing better to get the adrenalin going than riding a bike. To this day even though I have had a motorcycle accident I still would like to get another bike if only for the summer.

To have an accident on a motorbike is quite a scary experience. Back in the late 90’s I was involved on the back of my boyfriends motorbike when a car came out at a junction and drove straight into us, obviously not seeing us at all. We were both thrown from the bike several feet. Luckily for us we were not traveling very fast and the injuries were not too serious. It could have been a lot worse as I was stupidly wearing a short skirt. Normally I would have been wearing jeans and leathers but that night it was a warm summer evening and my boyfriend was giving me a lift just one way so I thought I would chance wearing a skirt! Big mistake! My arms and legs were badly scratched from the tarmac but I was lucky not to receive more severe injuries.

Our injuries may have been minor but the accident was not our fault and there was damage to the bike, our selves and the leather coats we were wearing. Also once you have had an impact on your crash helmet you are supposed to replace it. With all this in mind we went to see a solicitor and started proceedings. The driver of the car admitted to not seeing us at all so it was a simple case and we won a substantial amount of compensation. It took about 3 months but it was worth it as we replaced our crash helmets, fixed up the scratches to the bike and I bought some much need leather trousers.

Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with accidentconsult.com/articles/showarticles/AccidentTypes/1/MotorcycleAccidents.html Motorcycle Accident compensation claims.

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You take a picture of a city street. Look closely and you’ll see copyrighted material everywhere in your photo. The obvious copyrights are on the billboard, the newspaper stand and products in the store window. The less obvious copyrights are in the sculptural ornamentation of the lamppost, the patterned fabric of a woman’s skirt and the toy the kid is holding. You will never be able to track down all of these copyright owners to get their permission to use the photo. Are you out of luck if you want to use it commercially? Maybe not.

While copyright law can be restrictive on photography, it is not irrational. Copyright law includes the doctrine of “fair use” that allows unauthorized use of copyrights in certain circumstances. The courts recognize that free expression and avoiding law suits over minor issues are more important than protecting intellectual property rights.

The doctrine of fair use means that copying will not infringe a copyright when it is “for purposes such as criticism, comment, news reporting, teaching, scholarship or research.” Four factors are considered to determine whether the use qualifies under the doctrine:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used; and
The effect of the use upon the potential market for or value of the copyrighted work.

So if the copyrighted material that appears in your photo is covered by these four categories, you do not have to be concerned with getting permission to use it. On the other hand, it’s a judgment call. Would a court agree with your position? It may be costly to find out. The next best alternative is to get a copyright lawyer’s advice. The lawyer can give you an opinion based on research and experience. But the safest and sure way to use a copyrighted work in a photograph is to get permission in writing from the copyright owner.

Take my advice; get professional help.
PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

— ABOUT THE AUTHOR —

Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She’s represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.

She wrote the book on photography law. “88 Secrets to the Law for Photographers,” by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.

Carolyn specializes in wildlife photography and her legal website is photoattorney.com photoattorney.com