Photos: Legal Question (2 Viewers)

scotjimland

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Question:

Is is legal to post pictures of people on a website without their knowledge or permission and if you do without their consent can they sue you ?


I have searched but can't find a definitive answer..
 

DESCO

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Don't know for sure, would possibly depend on what they were doing and if there are any possibly repercussions from it.

Interesting point though Jim never thought of it before.

Dave .:thumb::thumb:
 

1Oll

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Short Answer YES

For more information:
Link Removed
Never risk using photos without permissioon it could bite in years to come.

Regards Brian


Other problems to be aware of is posting one of your own photos that has been taken with an iPhone of some other modern camera. The file may incorporates data regarding where it was taken. Dragging the file into iPhoto will often give all the metadata including the exact position and iPhoto will show it on a map. So if you have a quiet site you dont want to share with others check before posting.

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thehutchies

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Logically, it can't be illegal to publish photographs (on the internet or elsewhere) without consent because every cityscape or crowd shot at a sporting event would require a release form signed by every individual in the scene!

There are issues such as defamation, misrepresentation and so on, depending upon how the image is used.
 
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scotjimland

scotjimland

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Logically, it can't be illegal to publish photographs (on the internet or elsewhere) without consent because every cityscape or crowd shot at a sporting event would require a release form signed by every individual in the scene!

Logically I agree... otherwise there would be no photo journalism .. and it is certainly not illegal to take pictures in public places, except for certain 'sensitive' government installations like a naval dockyard.

But what about pictures of individuals .. say for example at a Fun meet or on the beach, are we saying that is perfectly legal ?

We were forbidden to take pictures at Charlotte's Christmas school pantomime ..

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thehutchies

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We were forbidden to take pictures at Charlotte's Christmas school pantomime ..

That is typical over-reaction by people who don't fully understand the issues.
One of our local schools did the same, citing the Data Protection Act. :Doh:

It is 'publishing' an image that creates a potential legal liability for the publisher.
If I took a photo of you, ScotJim, and it was published on this site, then the publisher (BossJim) would be liable for any damages that you felt you had suffered, and that would be determined by the courts.
 

American Dream

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Quote:
Originally Posted by ScotJimland Link Removed


We were forbidden to take pictures at Charlotte's Christmas school pantomime ..

We had the same issue...The fact they had their own "official" person selling dvd's had nothing to do with it at all....:RollEyes:
 

madbluemad

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Its been forbidden to take photo's of kids at school for a while now. Most school's video school plays and such like which parents can then buy.

Its also very iffy taking photo's on the beach or near open air swimming pools etc.

Every time I am about to take a picture in public I am always aware of the sensitivity involved and act accordingly.

My son has a very expensive camera with which he can take professional quality photo's. He will not now go out on his own into the local countryside with his camera because he feels uncomfortable.

Whether anything is legal or not, a bit of common sense should suffice.

Jim
:Smile:
 

grumps147

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Jim
If you took the photo then the copywright belongs to you and permission should be asked for anything other than private use is the way I read it.

If someone takes a picture with you in it privately, and that then ends up being used commercially then if the person taking it had given permission that seems to be legal.

If its used in any way where any of the common law deformation of character etc., or other possibly illegal acts either under civil or criminal law as mentioned above apply, then you will have to seek legal advice.

If you are hunted down by someone who takes photos of you deliberately and not for a purely private purpose, then this may amount to harrasment.

For school photos, this advice has recently been given as it was said the DPA was never designed to stop photos of school plays etc., being taken by parents/friends.


The following examples are taken from advice from the Information Commissioners Office
Personal use:
• A parent takes a photograph of their child and some friends taking part in the
school Sports Day to be put in the family photo album. These images are for
personal use and the Data Protection Act does not apply.
• Grandparents are invited to the school nativity play and wish to video it. These
images are for personal use and the Data Protection Act does not apply.
Official school use:
• Photographs of pupils or students are taken for building passes. These images
are likely to be stored electronically with other personal data and the terms of
the Act will apply.
• A small group of pupils are photographed during a science lesson and the
photo is to be used in the school prospectus. This is unlikely to be personal
data and the Act wouldn’t apply.

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If In doubt, seek legal advice.
 

slobadoberbob

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Perhaps Ezzie will come after me?

So that it one step further (silly wise that is) Ezzie's picture is my Avitar... But there is nothing stopping me putting any picture on the site.. I.e publishing it.

It comes down to if it was a private or public picture.. If I climbed your wall and took a picture of you in the nude in the garden then that would be private it.. If you were a face on the beach then that is public.

The school picture bit is an over use of the Data Protection Act... Like if you go see a show, they ban photo taking so they sell there own.

There is a fine line, but it is often crossed by newspapers and those trying to get a shot to sell to the newspapers... It is not often the stars go after a newspaper unless it was in the private area that I mentioned above.

Often the world is to PC...

Bob:Blush:

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thehutchies

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To return to Jim's original post, before we all get bogged down in the fine detail :roflmto: :

'Is is legal to post pictures of people on a website without their knowledge or permission?'
Yes, absolutely.

'And if you do without their consent can they sue you ?'
Yes, absolutely (the courts would decide whether they had suffered any harm).

I used to work as a documentary photographer and I have researched the subject until my ears began to bleed... :RollEyes:
 

moandick

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Mo and I researched this problem about 6 years ago when we were forming the Big Pitch Guide.

Certain software people gave us the right to use their software in creating the Guide BUT they did not give us the right to use that software in order to make a profit.

We were advised that it would be the same for people giving us pictures of themselves and their rig on Sites - they still owned the copyright of those pictures and even though they had given us the right to use the pictures, we did not necessarily have the right to use those pictures to make a profit!

I think many members on here will support me when I say that if I have ever used a picture published on here - I ask their permission beforehand (and keep a copy of their reply).

That is why we had to form a Club and give the members the Guide totally free - but in so doing, we are still not allowed to make a profit. We can make an excess of income - BUT that excess has to go back into the business.

Dick
 

callumwa

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Its been forbidden to take photo's of kids at school for a while now. Most school's video school plays and such like which parents can then buy.


Jim
:Smile:

Not Correct.

It may be that the school you are referring to has been taken over by the over zealous PC Brigade and stopped families taking pics of their little ones. However they have no authority to do this. If you wish to take snaps of your kids or grand kids at the school play you are entirely in your rights to do so.

It's your photo for your personal use. They actually put signs up at our local school welcoming you to take pictures at plays and end of year shows, and if you get a really good snap they will put it on the year boards in the school...

The world of PC madness is all around us.....:Eeek:

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thehutchies

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It may be that the school you are referring to has been taken over by the over zealous PC Brigade and stopped families taking pics of their little ones. However they have no authority to do this. If you wish to take snaps of your kids or grand kids at the school play you are entirely in your rights to do so.

If you are on private property, such as a school building, they can impose any restrictions they like, including stopping you taking photographs.

Usually, though, they will say that it's due to Data Protection and that's nonsense.
 
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scotjimland

scotjimland

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We had the same issue...The fact they had their own "official" person selling dvd's had nothing to do with it at all....:RollEyes:

Exactly ... same at Chaz's school, parents were banned from taking video or stills pictures .. but the school made an 'official' video and sold copies for £4 ..

so, nothing to do with data protection and all to do with school funds .. :RollEyes:
 

thehutchies

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Mo and I researched this problem about 6 years ago when we were forming the Big Pitch Guide.

Certain software people gave us the right to use their software in creating the Guide BUT they did not give us the right to use that software in order to make a profit.

We were advised that it would be the same for people giving us pictures of themselves and their rig on Sites - they still owned the copyright of those pictures and even though they had given us the right to use the pictures, we did not necessarily have the right to use those pictures to make a profit!

I think many members on here will support me when I say that if I have ever used a picture published on here - I ask their permission beforehand (and keep a copy of their reply).

That is why we had to form a Club and give the members the Guide totally free - but in so doing, we are still not allowed to make a profit. We can make an excess of income - BUT that excess has to go back into the business.

Dick


That is a copyright issue, though, and not directly related to Jim's original post about consent.

Any photograph that Jim took, he would own the copyright to, and could publish without consent.

It's a complicated subject... :roflmto:

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madbluemad

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Not Correct.
It may be that the school you are referring to has been taken over by the over zealous PC Brigade and stopped families taking pics of their little ones. However they have no authority to do this. If you wish to take snaps of your kids or grand kids at the school play you are entirely in your rights to do so.

It's your photo for your personal use. They actually put signs up at our local school welcoming you to take pictures at plays and end of year shows, and if you get a really good snap they will put it on the year boards in the school...

The world of PC madness is all around us.....:Eeek:

I wasn't inferring that it was legally prohibited across the board. I'm just stating a fact. If you wander anywhere near a school in this area with a camera you will be moved on a bit smart. Whether that be right or wrong is another thing.
Jim
:Smile:
 
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A friend of mine who served with the chaps at Hereford for a goodly while is...for obvious reasons very reticent of having his photo taken..If he's out and about and people are taking photos he will turn his back..turn around or even cross the street out of their way so as not to appear on pictures...strangely enough I was talking to Dawn's (My other half) brother on this very subject..he is a pro photographer for the Yorkshire Post in Leeds.any pics he takes he copyrights them so if people want to use them they must ask and possibly pay to use them..This cropped up after a friend of mine wanted to use a picture I had on Facebook I said as far as I am aware there isn't any copyright on it but check...It would appear it's a GREY area!!
 

callumwa

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I wasn't inferring that it was legally prohibited across the board. I'm just stating a fact. If you wander anywhere near a school in this area with a camera you will be moved on a bit smart. Whether that be right or wrong is another thing.
Jim
:Smile:

I agree some schools try to stop you taking pictures of your own little ones.

For sure there is a difference between , family and friends taking pics in the hall of the school play, and someone in a hoody lurking around outside the gates taking random snaps....

Then again, maybe they get moved on a bit smart in you area, to save them from the kids nicking the camera out their hands...:ROFLMAO::ROFLMAO::ROFLMAO::ROFLMAO::ROFLMAO: (I jest..) :winky::winky:

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harryoxford2

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This maybe covered already...kids pictures comes under the protection of children acts.
Teachers helpers and anyone to do with kids is examined, criminal records etc by the local councils. You then get issued with an approval. Its a bind, but a good thing as parents can trust that there are measures being taken to protect their children at school. The no picture rule is all part of it at schools where the actual rules are complex, 5 or more in the picture ecept etc..permissions etc must be obtained.
The video thing and them selling it goes towards the cost of the licences as each person looking after children has to pay for their licence. Also the video operator is approved. If you think about it often these cameras are only a few feet awat from where the lids are getting changed for productions etc.

Pictures in public are ok.You dont need anyones permission and its difficult to get into trouble with common sense being used. An individual cant stop you from taking a picture in public or in fact from taking a picture of them against their express permission. Common sense dictates not to point in their direction or give them time to leave your shot. There would be no papa pictures in the newspapers if this was not the case. Beaches are ok but someone of dubious motive snapping away at children could break other law such as conduct likeley to breach the peace etc. Grown ups who sunbathe nude ot topless do so at their own risk as they have no rights to stop photography.

All of this is subject mainly to how other laws apply and the behaviour of the photographer.

Sticking a camera a few feet away from someone who objects and firing away 30 pictures is likeley to have repercusions but the paparazzi do it all day long.

So simply public is ok but none public areas may have restrictions and if you photo in them there may be problems.


Being sued however is a different story, its hardly ever done other than small claims court as it a prohibitvely expensive action. It is only for the very rich and famous. You will spend about £25000 per day to sue someone.
 

slobadoberbob

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Not in the small claims court you will not

Being sued however is a different story, its hardly ever done other than small claims court as it a prohibitvely expensive action. It is only for the very rich and famous. You will spend about £25000 per day to sue someone.

Wrong...wrong..wrong Harry.

The Small caims court is very easy to use and claims have an upper limit. Normally there are no legal fees win or lose... The idea is to give people legal redress so they do not have large Legal cost... If your claim is £25k up then it is heard in the High Court.. That can be expensive, but certainly not in the small claims court.. The issue fees are under £300 even for the max claimed... The fees come down to about £30 for a claim uder £150.00 and you get that from the otherside if you win.

Bob:Eeek:
 
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callumwa

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Being sued however is a different story, its hardly ever done other than small claims court as it a prohibitvely expensive action. It is only for the very rich and famous. You will spend about £25000 per day to sue someone.

Wrong...wrong..wrong Harry.

The Small caims court is very easy to use and claims have an upper limit. Normally there are no legal fees win or lose... The idea is to give people legal redress so they do not have large Legal cost... If your claim is £25k up then it is heard in the High Court.. That can be expensive, but certainly not in the small claims court.. The issue fees are under £300 even for the max claimed... The fees come down to about £30 for a claim uder £150.00 and you get that from the otherside if you win.

Bob:Eeek:

I think Harry was right right right. Read the case papers again M'lord Bob!!:winky::winky:

He said it's hardly ever done, (other than the small claims court), as its prohibitively expensive.

He acknowledged the small claims court is inexpensive compared to the High Court.

I rest Harry's case M'lord...... :roflmto::roflmto: :winky::winky:

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thehutchies

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This maybe covered already...kids pictures comes under the protection of children acts.
Teachers helpers and anyone to do with kids is examined, criminal records etc by the local councils. You then get issued with an approval. Its a bind, but a good thing as parents can trust that there are measures being taken to protect their children at school. The no picture rule is all part of it at schools where the actual rules are complex, 5 or more in the picture ecept etc..permissions etc must be obtained.[ /QUOTE]



Will you point me towards some regulation that forbids photography of kids under 'The protection of children act.'

I'm always happy to learn... :thumb:
 
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Logically I agree... otherwise there would be no photo journalism .. and it is certainly not illegal to take pictures in public places, except for certain 'sensitive' government installations like a naval dockyard.

But what about pictures of individuals .. say for example at a Fun meet or on the beach, are we saying that is perfectly legal ?

We were forbidden to take pictures at Charlotte's Christmas school pantomime ..

Believe it or not the School one is quite common. That's been in exsistence for at least 10 years to my knowledge, it stems from photos being taken of school children and then posted on the internet for certain sections of society to look at. So to make sure it cant happen certain Local Authorities have put a blanket ban on ALL photos in schools by the public whether they are parents or not. If they only have the one offical photographer then there can only be one culprit if the worse should happen.

Brian

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