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I guess this is one for Artona but any answer would be welcome. We were watching that art programme "Show me the Monet"on BBC
tonight and a large photograph of football fans was selected for the
exhibition and was subsequently sold for £2700. As a number of the people could be easily identified we wondered what the position is regarding the privacy of the subjects. It would have been impossible for the photographer to gain everyones permission, could any of them now raise an objection to being depicted in this manner? What is the ruling on this please?
______________________________________________________________ Cheers for now...Screams for later
The short answer is No!
The copyright belongs to the photographer to display in any reasonable way or sell on.
It's the same for TV etc.....ie. lots of passers-by caught on film
______________________________________________________________ Ted.
I try and state simple facts in a nice way.
I understand what you mean Peribro, but the question was raised because the Photograph was sold for a lot of money. Could one of the subject people claim payment for inclusion or object to being depicted?
______________________________________________________________ Cheers for now...Screams for later
Please, please NO!
We are getting litigation mad, one of the many unsavoury things to come out of the US of A.
No pictures of our children in school plays, no childrens faces on newsreels, Google has to hide any identifying features of faces or number plates. We are going mad with litigation.
How any of us survived childhood and adulthood when our pictures could be bandied about I am not sure but please make it stop.
Alan
I understand what you mean Peribro, but the question was raised because the Photograph was sold for a lot of money. Could one of the subject people claim payment for inclusion or object to being depicted?
I wouldn't have thought so but it would certainly be nice if it was possible. Football clubs, in conjunction with the FA and Sky, sell coverage of matches for enormous sums yet the crowd doesn't get paid. Or what about all the spectators along the route of the recent Royal Wedding? Many of them will have appeared on television and in pictures that appeared in papers and magazines.
However I'm only guessing as I know nothing about privacy, copyright etc etc so maybe someone more knowledgeable than me will prove me completely wrong!
Its a while since I was a working as a pres photographer but at that time if you as the photographer was stood on public accessable land you were basically ok. You could stand on a public footpath and photograph someone stood on their doorstep for example.
however the same piece of public footpath did not give you a safe haven to photograph someone in their bedroom as then you could be prosecuted for being a peeping tom.
In sports stadiums these days there is normally a disclaimer on display to say photographs might be taken. This is generally to cover professionals working and taking photographs of minors. The parents have been warned and it is then upto them if they do not want to enter.
At Jessica's school the rules are totally relaxed again and parents are free to photograph the school plays etc. A few years ago we had possibly become over protective and such a thing was banned. However this was after the Soham school caretaker Huntley who had murdered the little girls so it was understandable.
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Germany
