[MR] ot pic hosting

[Melanie Weymark]

Gise, is correct...almost.  From a Copyright attorney 5 minutes ago:

Legally if a photo is taken and the faces are recognizable written consent must be obtained from each person in the photo prior to its use.  However, that not always being possible, many photos are used in commercial ventures without said consent under the "expectation of Privacy" ruling.  Many publishers have had cases brought against them when Joe Schmoe opens a coffee table book and finds himself right there on page 32!  However all the lawyers in the world are not going to convince a judge to give him royalties because said book is not selling due to HIS image being in it.  But put his picture on the cover and you have yourself a game!

Bottom line in all of this is at events there are hundreds of cameras floating around.  You can have no reason to think that your picture might not be taken.  Sold is another story.  Legally you need my permission to sell a picture of me.

Cat






________________________________
From: "scribe0002 at aol.com" <scribe0002 at aol.com>
To: atlantia at seahorse.atlantia.sca.org
Sent: Wednesday, September 23, 2009 10:19:25 AM
Subject: Re: [MR] ot pic hosting


The AP standard for use of identifiable images of people ... or pretty much anything else is that if it can be seen from a public thoroughfare it is legal to take a picture of it and publish it for news purposes and no consent of anyone in the image is required ... in public view an individual can have no expectation of privacy.

The standard in the non-news outlets (magazines, books, journals) is you must have a signed consent form from the person.

There's a really good article on the matter here http://www.publaw.com/photo.html

No, it's not from a legal case ... there are legal cases and suits all over the spectrum involving use of images. 

~gise








-----Original Message-----
From: logan <logan at ebonwoulfe.com>
To: atlantia at seahorse.atlantia.sca.org
Sent: Wed, Sep 23, 2009 10:06 am
Subject: Re: [MR] ot pic hosting










now you guys have me confused.

some folks have opined that an image of me (for example) belongs to the
person who took the photo and they can do whatever they want with it, its
their property.  then, folks opine that they must, or should, get my
permission to publish it (which, by the way, is what you do when you put
something on a webpage).  folks, it cant be both ways.  im sure there is
some legal explanation about this somewhere.  not that i really care, its
more that im just curious, but i would rather know the facts over peoples
opinions. so, if anyone does stumble across the actual truth of it in a
legal sense please drop me a line.

regards
logan



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