Comments on: Your Privacy and Copyright Law

By: Revisiting older images and LINKS!! : pamelahelmephotography.com

Revisiting older images and LINKS!! : pamelahelmephotography.com — Mon, 06 Apr 2009 03:51:29 +0000

[...] Has anyone ever demanded you remove a photo of them taken in a public place? Check this out. [...]

By: dilvie

dilvie — Sat, 07 Feb 2009 05:28:40 +0000

Dave,

There is widespread ignorance of IP laws that should be corrected, to be sure. Sorry to hear about your entanglements. If somebody else claiming ownership of my copyrights and selling them for two bucks a pop, I’d be a bit miffed myself. That’s an easy court win if they’re in the US. I think it’s pretty clear that their infringement devalues your rights managed stock portfolio, which will make them liable for lost sales… particularly if you can document a dip in average income per image per year, compared to the rest of the stock market on Alamy (which publishes the stats openly, I believe!). Talk to your lawyer and take down those impostors. Claiming work that isn’t yours is clearly a crime that deserves to be prosecuted.

- Eric

By: dilvie

dilvie — Sat, 07 Feb 2009 05:26:42 +0000

Rose – Most countries are bound by international copyright treaty that is at least somewhat similar to American law, but even in places like California, there are some personal image protections that complicate matters. If this issue effects you directly, I strongly suggest that you get in touch with an IP attorney who is familiar with your local laws.

By: Dave Buchanan

Dave Buchanan — Fri, 06 Feb 2009 20:32:54 +0000

Great article and spot on !
I have a blog post at my website that deals with right to privacy and use. It is at http://www.imagefusionstudio.com/blog/law/7/

By: Rose

Rose — Sat, 24 Jan 2009 16:30:41 +0000

Just to be aware – this is NOT necessarily true of European privacy laws (Germany in particular). Even for private enterprise, if I were to take a picture in a nightclub – and put it on line – should someone in that photograph not want to have it online, then I would have to take it down – or face being sued here in Germany.

You should add a disclaimer to this that this may be the law in some locations – but not all.

By: dilvie

dilvie — Thu, 22 Jan 2009 14:54:31 +0000

She’s in the clear, but it doesn’t hurt to have the releases, just in case somebody wants to license the images for commercial use!

By: D. Travis North

D. Travis North — Thu, 22 Jan 2009 14:38:07 +0000

Good article…making a few questions pop up in my mind.

Like…what about photos of people in public places? My step-sister (a professional photographer) always carries release forms and refuses to post anything on her personal website (not for profit) unless she has a signed release. Since she’s not making profit, is she just being paranoid? Or is she technically at risk because her personal website could be construed as technically advertising her professional business?

I ask because I’m always afraid to take photos of people in public (in the city).

By: Steve-o

Steve-o — Thu, 22 Jan 2009 00:38:00 +0000

If have a picture of my girlfriend in a nightclub and somebody that’s in the background sees it and complains I’m fairly unlikely to take it down. If they didn’t want to be seen there, they shouldn’t be there. Not really my problem.

By: dilvie

dilvie — Mon, 05 Jan 2009 07:22:31 +0000

Nice photographers will happily comply with your wishes if you ask politely. But they’re not legally required to, so if you approach them in a threatening manner or try to cause trouble for them with their hosting provider, you’re not likely to get any traction.

By: bobsox

bobsox — Mon, 05 Jan 2009 07:15:40 +0000

Glowstickers getting in the way of your constitutional rights? lol

What ever happened to common courtesy and respect?
Just because its not illegal to do something that makes it ok? If somebody asks you not to use them then why wouldnt you take it down?

Keep on fighting the power bro!