Legal Requirements of Food Photography
Many photographers claim that food photography is one of the hardest types of photography to master, or to engage in with some modicum of success. The problems typically arise from the food cooling, aging and/or wilting before you've set up a perfectly contrasting composition. But there's another aspect to consider: the legal side of food photography.
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Terminology
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Two terms are often used in commercial photography (which food photography typically falls into): ethics and legality. The ethics of food photography can involve how "honest" the portrayal of food is, while the legal angle involves government regulations in advertising.
Considerations
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In deciding whether or not to substitute, say, mashed potatoes for ice cream, you have to think about the purpose of the photo. Is it for an advertisement or personal use? The U.S. government has regulations about "truth in advertising," which means that you need to show the real product. The surrounding food can be fake or modified, but not the product you're selling (see Resources).
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Warning
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Agree and sign a contract for any advertising work, whether it's for a general food corporation or through an independent client (see Resources). Hire an independent consultant if you have any questions about how legal your photos are before submitting them.
Cookbooks
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Cookbooks are one avenue of food photography that can be "falsified" without any legal problems. There are many tricks involved to make the food appear more appetizing, such as using hairspray or oils, spraying on food coloring or even gluing garnishes in place (see Resources).
Fun Fact
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The official term for someone who professionally organizes food for photo shoots, and knows the professional legal boundaries for ads, is a "food stylist."
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