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You're talking about taking pictures with your own camera and then selling them on the internet or elsewhere as a side-business for youself. Sure! I guess it would be proper to check with your command to seei f there are any specific regulations in place concerning what you can photograph, e.g., troop placements, classfied information and the like would not be allowed; and, selling porno or other offensive photos might constitute a UCMJ violation; and, of course their is the question of invading the privcay of other people which oyu don't want to do; if you take pictures of people who are identifiable in the picture and then sell them you need a "release" from those people allowing you to sell the pictures of them for a profit.
All the best,
Question clarification: I am taking pictures with my own personal camera and I am using my personal computer and off duty time to edit the work. However, some of the photos were taken while on duty and some off duty. My job allows me time to snap a few photos. Is there any restriction to selling these photos? I only took the photos while working which was a few seconds at a time. I then spent hours at home on the computer to edit them and make them presentable. Do you have reference material you can direct me to that would help clarify this. Again, to be clear there are no pictures of troop placements, classified information or offensive work. The photos are of planes. Some have mentioned that because I am a government employee that some of my work would be public domain and I would not retain the copyright. The reference they gave was "http://www.copyright.gov/title17/92chap1.html#105"
I would love any answers you might have.
The reference you gave refers to property of the Government - if your photos are not done in your official capacity and with a governement camera or computer or printer then the statute you cited is not appllicable. My original answer is therefore a complete answer. Plenty of active duty personnel have a private business on the side.
Reply to Former JAG Officer's Post: Great info, which was my understanding. I just want to be sure and understand the "official capacity" portion. I am a pilot and have taken many of my photos refueling different aircraft around the world. Since my official capacity is to fly the jet and not to photograph, as would Combat Camera or Public Affairs would be, am I safe to say these photo were not taken under my official capacity? Again to reiterate it was my personal photo equipment my personal computer and I pay a commercial printing company to print the work. Some of the questions arise are the access I have to take these photos. Would that have any implication on selling the work for a profit? I do understand that selling the work for actual printing cost is no problem. Is there a difference for making a profit on the sell? Of course all the editing work on the images was done on off duty hours. The only thing done while flying or on duty was snapping the shot. Where would I find a reference in Military Law (UCMJ??) to dispel any question?
If all the "work" you do on the photo business is done "on your time" - "on your equipment" - and no part of your job for which the Govt pays you $$ involves taking pictures - and none of the pictures have been delivered to the US Govt for any use - then you should be fine - you better be damn sure that the "access" you have to the site of your photos dose not end up publishing things the Govt would not want to see in print or on the web!
That about answers it. Do you have a reference for the info? I don't think anything I print or put online would fall under the "things the Govt would not want to see in print or on the web". This is the same platform from which media, both civilian and military, take their photos from. Also when we get to take up civilians for Military appreciation flights they have the same access I have and are able to take the same photos. I would just like to have reference material to quell any future questions.
No reference for answers. Increase your comfort level by speaking to appropriate superios in your chain of command and/or a JAG officer. You're entiutled to do that.
I will ask the local office this next week. Do you have any idea of where in the regs I could track down this info down. Or, what type of search string I would use as I search the regs? I would like to do the leg work myself and be able to walk into the JAG office with something to start with.
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