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Thread: The world really is going mad, who owns your face.

  1. #1

    The world really is going mad, who owns your face.

    I just stumbled across this item, it's madness, you take a picture of my face (which I own) then publish it somewhere, I tweet or instagram it, and you sue me.

    https://www.bbc.co.uk/news/world-us-canada-47128788

  2. #2
    Master
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    I'm not sure why this is news: copyright has always been belonged to the photographer. It doesn't matter if the subject is a tree or a person or a watch.

  3. #3
    Grand Master mart broad's Avatar
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    Quote Originally Posted by Mr Pointy View Post
    I'm not sure why this is news: copyright has always been belonged to the photographer. It doesn't matter if the subject is a tree or a person or a watch.
    Just a question shouldn’t a photographer have your permission to take your picture?

  4. #4
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    Quote Originally Posted by mart broad View Post
    Just a question shouldn’t a photographer have your permission to take your picture?
    Not in a public place

  5. #5
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    Quote Originally Posted by mart broad View Post
    Just a question shouldn’t a photographer have your permission to take your picture?
    I was thinking the same. Or why would they blur faces out on certain programmes.

  6. #6
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    Quote Originally Posted by Pardalis View Post
    Not in a public place

    Friend of mine, thoroughly respectable older bloke and keen photographer, was hassled by the Police when someone complained he was taking photographs including them, in the town centre. I've no idea what the strictly correct legal position is.

  7. #7
    Quote Originally Posted by Mr Pointy View Post
    I'm not sure why this is news: copyright has always been belonged to the photographer. It doesn't matter if the subject is a tree or a person or a watch.
    I know that, that is why I said the world is going mad, surely the laws should be changed, clearly they are outdated and not keeping pace with technology. hopefully someone with the resources will sue a photographer for taking a picture of them without express permission, or maybe there is a business opportunity here, start an agency copyrighting people faces.

  8. #8
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    Quote Originally Posted by David_D View Post
    Friend of mine, thoroughly respectable older bloke and keen photographer, was hassled by the Police when someone complained he was taking photographs including them, in the town centre. I've no idea what the strictly correct legal position is.
    Well the issue is that the police have no interest in the actual law in these situations & believe that they have they right to tell photographers what to do. Your friend made the mistake of being respectable & with little or no experience of interacting with the police & hence was an easy target. If he had, for instance, being a member of the travelling community, the police wouldn't have gone near him.

    https://www.amateurphotographer.co.u...-the-law-96304
    http://www.urban75.org/photos/photog...-shooting.html
    http://www.paulreynolds.com/articles...0The%20Law.pdf

  9. #9
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    Quote Originally Posted by adrianw View Post
    I know that, that is why I said the world is going mad, surely the laws should be changed, clearly they are outdated and not keeping pace with technology. hopefully someone with the resources will sue a photographer for taking a picture of them without express permission, or maybe there is a business opportunity here, start an agency copyrighting people faces.
    Image rights are already protected. Try selling a T Shirt with a Kardashian's face on it & you can be sued.

  10. #10
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    Quote Originally Posted by Mr Pointy View Post
    Well the issue is that the police have no interest in the actual law in these situations & believe that they have they right to tell photographers what to do. Your friend made the mistake of being respectable & with little or no experience of interacting with the police & hence was an easy target. If he had, for instance, being a member of the travelling community, the police wouldn't have gone near him.
    Interesting links. Thanks! I think you are right about the Police. Little wonder they don't command much respect these days - what with that and the various stories about them contacting people about ""non-crime" hate tweets, etc..

  11. #11
    Master sean's Avatar
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    If you're somewhere that gives you no reasonable expectations of privacy (e.g. a park) then anyone can take your photo without issue. Some public places will have rules regarding taking photos, like shopping malls that are privately owned and the owner sets the rules.

  12. #12
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    Quote Originally Posted by David_D View Post
    the various stories about them contacting people about ""non-crime" hate tweets, etc..
    Hardly their choice though... something gets reported, they have to act on it. Blame the legislative.

  13. #13
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    Quote Originally Posted by Ares View Post
    Hardly their choice though... something gets reported, they have to act on it. Blame the legislative.
    Well, it's also unlawful to break into someone's van & steal £4000 woth of tools but you won't get the police coming round to see you about that. If you're lucky you might get a crime reference over the phone but no-one will be doing any investigating, unlike if you post something sufficiently abusive on Facebook. You can even find the stolen tools being sold on Gumtree & the police won't be interested.

  14. #14
    The fact your face is in a photo is immaterial. Effectively it's about the photographer's work rather than the content.

  15. #15
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    Quote Originally Posted by Ares View Post
    Hardly their choice though... something gets reported, they have to act on it. Blame the legislative.
    Not meaning to divert the thread but these are specifically "Non-crimes":

    https://www.telegraph.co.uk/news/201...-arent-crimes/



    Humberside Police tell man to 'check his thinking' George Orwell currently doing 6,000rpm:

    https://www.hulldailymail.co.uk/news...merick-2468385

  16. #16
    Quote Originally Posted by nr73 View Post
    The fact your face is in a photo is immaterial. Effectively it's about the photographer's work rather than the content.
    But it’s wrong, provided you have not committed a crime, a photographer should need your permission to publish pictures of you, it’s hardly a painting or sculpture that has taken a long time to produce and at best would be a likeness.

  17. #17
    Quote Originally Posted by adrianw View Post
    But it’s wrong, provided you have not committed a crime, a photographer should need your permission to publish pictures of you, it’s hardly a painting or sculpture that has taken a long time to produce and at best would be a likeness.
    I agree, but that's not how the law currently works.

  18. #18
    Quote Originally Posted by Mr Pointy View Post
    Image rights are already protected. Try selling a T Shirt with a Kardashian's face on it & you can be sued.
    Quote Originally Posted by nr73 View Post
    The fact your face is in a photo is immaterial. Effectively it's about the photographer's work rather than the content.
    Aren't these two statements at odds?

  19. #19
    Quote Originally Posted by Kingstepper View Post
    Aren't these two statements at odds?
    Good point. I think photos taken in a public space (which most paparazzi shots are) do not fall foul of this though.

  20. #20
    Quote Originally Posted by adrianw View Post
    I just stumbled across this item, it's madness, you take a picture of my face (which I own) then publish it somewhere, I tweet or instagram it, and you sue me.

    https://www.bbc.co.uk/news/world-us-canada-47128788
    In the context of someone photographing it in a public place you don't 'own' your face. However if the photographer is going to use that image for commercial gain (e.g. selling it to someone else) then they should obtain the subject's documented permission (by use of a model release form), otherwise should their client publish it they then run the risk of legal liability.

    R
    Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.

  21. #21
    Grand Master hogthrob's Avatar
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    Quote Originally Posted by JPCain86 View Post
    I was thinking the same. Or why would they blur faces out on certain programmes.
    That's the lizard people. We aren't allowed to see them.

  22. #22
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    Public place : you can photograph anything or anyone you like. The photograph is the property of the photographer. Permission is not required from anyone in the photograph for any use whatsoever.

    Release forms are used to verify anyone in the photo will relinquish any future attempts to limit use of the photograph. Its not really a requirement though and is normally employed by larger media groups only just to avoid any tedious nonsense later .

    In a private space its down to the policy of the owners. You can still shoot photos into a private space from any public space.

    I have been on many film shoots where the general public are kept back behind a barrier from a public area that has been secured for shooting . As they have permission the film crew can treat that area like a private space so therefor nobody in it can take photographs without permission.

    At the barrier however the general public can snap away as much as they like.

    On a few occasions ( usually when its my unit and I’m essentially directing it) I’ve had to intervene to warn overzealous security guards to stop harassing the general public for taking snaps. They are perfectly entitled to do it, no matter who’s mug the capture.

  23. #23
    Master murkeywaters's Avatar
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    You don’t need model release forms for public images, look at street photography where the photographer captures moments often using a random stranger as the core subject, you wouldn’t go chasing them down the street asking them to sign a form!

    Throw into this all the mobile phone images that probably capture you unintentionally in the background or go a step further and worry about how many times you have been captured on CCTV, where do you stop??


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  24. #24
    Grand Master PickleB's Avatar
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    See how it's done...worth a watch, IMO.

    BBC link...Don McCullin Looking for England

  25. #25
    Master reggie747's Avatar
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    Quote Originally Posted by Mr Pointy View Post
    Image rights are already protected. Try selling a T Shirt with a Kardashian's face on it & you can be sued.
    That probably wouldn't take off, her selling point seems to be that huge BIG FAT ar$e of hers.

  26. #26
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    Editorial use (newspapers etc.) is protected under UK law, commercial use (t-shirts, etc.) isn't.

    A Pap taking a photo for the sun - fine (within certain limits) , the celeb then using that photo on twitter, arguably to promote their 'brand' without permission from the photographer, not fine.

    It's a weird one but basically if you are on private property and don;t intend to use the photo to make money beyond the news media then you're OK.

    I've never been one to get caught up in the cult of celebrity so I couldn't give fig for it all and as far as i'm concerned the paps and celebs can sue each other into the poor house for all i care. I would however take umbrage at being verbally abused or reported to the police for taking pictures of my kids enjoying themselves at a public park, which is what the law intends to prevent.

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