Regulations for "pro" underwater photography?

[Nemrod]

I had a customer visit me from South Africa, in casual conversation, over and over I find with those from outside the USA how much more free they are as a result of their non-lawyer infested legal infrastructure and how much they know and understand that we in the USA are a litigious country. Here in the supposed land of the free everybody has to check with a lawyer before eating a meal or taking a bath. In most countries people don't use the word freedom nearly as much as we do in the USA because they are actually free and it is not just a word they throw about.

Maybe if we would actually build stuff here again instead of suing one another and flipping houses and burgers for a living we might actually be the country we think we are.

N

 

[Thalassamania]

Seriously Thal, I think highly of you as well.

Thanks.

I have sold photography images in earlier times, not underwater, I did not comply with OSHA regs, oops, there was no OSHA, lol.

Again, it is true that I do like a black and white world and a black and white images but I think you guys are creating an issue that does not exist. Certainly if a person forms a company, hires divers, hires a ship and a professional captain and crew and sets out on an expedition there are numerous regulations that will apply at multiple levels ---however--- a private individual who does photography and occasionally sells some of his/her photos even if the intent from the beginning was to do so does not require a lawyer and OSHA approval. If so there are an awful lot of illegal photographs being taken and sold.

Thousands of amateur and semi professional photographers sell images all the time and I don't think being underwater when the shutter snaps changes your legal status, this is still a free country and light hitting my film is free.

I guess I don't understand the OPs question and don't see what you guys see.

It's mainly ancillary issues, there's no law against snapping the photo. The issues are what care is owed to an assistant that you might hire, what specs should be met to minimize personal liability, even though OSHA can't fine you, and what must one do to have access to photographic subjects of interest which are part of what is otherwise a scientific diving operation run by an AAUS member institution.

...
?????, I don't follow why you think you need a lawyer to take photographs??????

Shoot without a model release for a while ... that can bite you in the butt.

How much of your scuba equipment is OSHA approved, is your boat OSHA approved? Is your exposure protection OSHA approved? Is your safety equipment OSHA approved?

N

Those are not the issues of concern.

Sorry for adding my spoon to this discussion.
I am not from the US and never heard about OSHA before.

Checking it's website I got really overwhelmed by the amount of info and regulations.
But in general I draw 2 points:

By concept Regulating Agencies (like OSHA) are created as an incentive to the activity.
So normally what's not specifically described is permitted, and pretty much unregulated.
So if you have the qualification you can go ahead and shoot.

On the other hand U.S. of A. justice system based not on codes but on an archive of previous rulings tends to get more and more complicated with time.
Roman Justice as we have on most latin countries are simpler in this aspect, but not easily updated in turn.
I see both systems migrating towards each other, gathering what's best in each one.

Best advice I could give you is to use common sense, doing your best to ensure justice, clarity and safety in your so far unregulated work, is the best way to protect yourself.
And on your justice system you are a bit "protected" by several other official contracts, firmed between photographers and clients in the past without any reference to OSHA or other agency.

It seems to the outsider that the "very litigious" characteristics of your area has justifiably found a way into your way of thinking.

Good luck, hope I helped.

I think you misunderstand the issues, using "common sense" and trying to "ensure justice ..." does not have a whole lot of meaning in the wake of an accident, what does have meaning is being able to demonstrate that various standards, that might not even have been required, were, never-the-less, met.

 

[Mariozi]

Assitants should be experienced divers capable of self-rescue at minimum.
I always dive in accordance with standards issued by recognized DIVING Agency.
And for that there is a thing called "Liability Waiver".

Don't care to answer...
Nevertheless my spoon is out of this mess, I couldn't care less.
Just erasing the Keys as a desired place to dive.

Good luck

 

[Thalassamania]

Assitants should be experienced divers capable of self-rescue at minimum.
I always dive in accordance with standards issued by recognized DIVING Agency.
And for that there is a thing called "Liability Waiver".

Don't care to answer...
Nevertheless my spoon is out of this mess, I couldn't care less.
Just erasing the Keys as a desired place to dive.

Good luck

That does not mean a thing when you hire a photographic assistant, there is not liability waiver and there are regulations and precedents to deal with.

 

[RJP]

Quote OP

"I was interested if anyone had experience with what laws apply to taking photos underwater with the intent to sell them. "

The answer is NONE.

N

Not exactly true across the board - copyright laws, trademark issues, need for model releases (people, not fish) etc would all apply. In short, there are many legal aspects that apply to the sale of photographs, and these would all apply even if the pics are taken underwater as well.

 

[stillhope]

I think my question was answered after a bit of reading. I see that commercial photography and video production are considered "low-risk" industries, so with fewer than 10 employees OSHA regulations do not directly apply...

Can you post a link to what you read? Thanks, it would save me time looking for it!

 

[M_Bipartitus]

Upon further review, it looks like the exemption for employers with 10 employees is for injury logs and having specific emergency plans. It looks like most other regulations must be followed any time you have even a single employee. I'm told it is unlikely that OSHA will ever stop by and do an inspection for a company with 10 or less employees, but they can if they get a complaint or there is an injury.