Photos: Legal Question

Discussion in 'Photography' started by scotjimland, Mar 26, 2011.

  1. scotjimland

    scotjimland Funster Life Member

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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..
     
  2. DESCO

    DESCO Read Only Funster

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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:
     
  3. 1Oll

    1Oll Read Only Funster

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    Short Answer YES

    For more information:
    http://www.bipp.com/Default.aspx?tabid=89
    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.
     
  4. scotjimland

    scotjimland Funster Life Member

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    Your Short answer YES... that yes, it's illegal and yes they can sue ?
     
  5. thehutchies

    thehutchies Funster

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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.
     
  6. scotjimland

    scotjimland Funster Life Member

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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 ..
     
  7. thehutchies

    thehutchies Funster

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    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.
     
  8. American Dream

    American Dream Read Only Funster

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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:
     
  9. thehutchies

    thehutchies Funster

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  10. madbluemad

    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:
     
  11. grumps147

    grumps147 Funster

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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.

    http://www.ico.gov.uk/upload/docume...list_guides/taking_photographs_in_schools.pdf

    If In doubt, seek legal advice.
     
  12. slobadoberbob

    slobadoberbob Read Only Funster

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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:
     
  13. thehutchies

    thehutchies Funster

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

    '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:
     
  14. moandick

    moandick Read Only Funster

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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
     
  15. callumwa

    callumwa Read Only Funster

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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:
     
  16. thehutchies

    thehutchies Funster

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    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.
     
  17. scotjimland

    scotjimland Funster Life Member

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    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:
     
  18. thehutchies

    thehutchies Funster

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    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... :Laughing:
     
  19. madbluemad

    madbluemad

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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:
     
  20. mondo

    mondo Read Only Funster

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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!!
     
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