RE: Another Photographer's Rights Question
You can't legally publish the photographs in a way that would be offensive to the persons shown in the picture, even though the pictures are legally aquired. The problem I have is what defining what constitutes offensive to the persons shown in the picture. No law, IMO, should be so unobjective that it leaves the definition of crime to unspecified persons. Regards, Gautam -Original Message- From: Jens Bladt [mailto:[EMAIL PROTECTED] Sent: Tuesday, August 16, 2005 11:18 AM To: pentax-discuss@pdml.net Subject: Re: Another Photographer's Rights Question You probably can photograph, Glen. In Denmark you could. Weather you publish these on you own website or in a newspaper is not important. The same rules apply as long as they are published. But: You can't legally publish the photographs in a way that would be offensive to the persons shown in the picture, even though the pictures are legally aquired. You can't use the photographs for commercial purposes (you can sell them but not use them in advertising with out the permission of the persons in the photgraph). Photographing minors may require a permission from the parents. You can't use the photographs out of context - for instance for an article about funny make-up or alcoholics - things like that. If a person signals, that he/she do not want to be photographed, you may have a problem. I am not quit sure if this only applies to a person in a private, but still public accessible place - like in a store, petrolstation, public service office etc. Sometimes et helps to have a press-card or similar, since the legislation in many countries protects the rights of the media, rather than of the photographer. PS: Aquiring a photgraph illegally is an offence/theft/violation of the law. Selling/publishing an illegally aquired photograph is fencing - like selling stolen goods. I have my information from the Danish Journalist Union website. The current legislation may vary from one country to annother. I hope this helps. Jens Bladt Arkitekt MAA http://hjem.get2net.dk/bladt -Oprindelig meddelelse- Fra: Glen [mailto:[EMAIL PROTECTED] Sendt: 16. august 2005 00:41 Til: pentax-discuss@pdml.net Emne: Another Photographer's Rights Question Hello everyone, There is a nearby city festival planned for next month, which will feature some nationally know recording artists performing in public, and there is no admission fee for the event whatsoever. Since the performance is viewable from public sidewalks, and there is no restriction on viewing the event, and no fees are charged to the public, can I photograph this event and put the images on my personal web space? I would think this would be fair game, especially if I didn't sell the photos. I would effectively be reporting about a news event in my area. While I'm not a professional journalist, do I have to be recognized as a professional journalist to legally publish photos of a news-worthy public event on my personal web space? thanks, Glen
RE: Another Photographer's Rights Question
Quoting Gautam Sarup [EMAIL PROTECTED]: You can't legally publish the photographs in a way that would be offensive to the persons shown in the picture, even though the pictures are legally aquired. The problem I have is what defining what constitutes offensive to the persons shown in the picture. No law, IMO, should be so unobjective that it leaves the definition of crime to unspecified persons. It doesn't matter if the picture is offensive to anyone, as long as it portrays the truth, and has not been aquired illegally. Nothing can stop a person from suing you, but the truth will stop the lawsuit dead in it's tracks. William Robb
Re: Another Photographer's Rights Question
You probably can photograph, Glen. In Denmark you could. Weather you publish these on you own website or in a newspaper is not important. The same rules apply as long as they are published. But: You can't legally publish the photographs in a way that would be offensive to the persons shown in the picture, even though the pictures are legally aquired. You can't use the photographs for commercial purposes (you can sell them but not use them in advertising with out the permission of the persons in the photgraph). Photographing minors may require a permission from the parents. You can't use the photographs out of context - for instance for an article about funny make-up or alcoholics - things like that. If a person signals, that he/she do not want to be photographed, you may have a problem. I am not quit sure if this only applies to a person in a private, but still public accessible place - like in a store, petrolstation, public service office etc. Sometimes et helps to have a press-card or similar, since the legislation in many countries protects the rights of the media, rather than of the photographer. PS: Aquiring a photgraph illegally is an offence/theft/violation of the law. Selling/publishing an illegally aquired photograph is fencing - like selling stolen goods. I have my information from the Danish Journalist Union website. The current legislation may vary from one country to annother. I hope this helps. Jens Bladt Arkitekt MAA http://hjem.get2net.dk/bladt -Oprindelig meddelelse- Fra: Glen [mailto:[EMAIL PROTECTED] Sendt: 16. august 2005 00:41 Til: pentax-discuss@pdml.net Emne: Another Photographer's Rights Question Hello everyone, There is a nearby city festival planned for next month, which will feature some nationally know recording artists performing in public, and there is no admission fee for the event whatsoever. Since the performance is viewable from public sidewalks, and there is no restriction on viewing the event, and no fees are charged to the public, can I photograph this event and put the images on my personal web space? I would think this would be fair game, especially if I didn't sell the photos. I would effectively be reporting about a news event in my area. While I'm not a professional journalist, do I have to be recognized as a professional journalist to legally publish photos of a news-worthy public event on my personal web space? thanks, Glen
RE: Another Photographer's Rights Question
William wrote: My understanding is that the act of photographing is fine, the act of publishing (this includes a website) is where you can run afoul of things. I don't agree. You can't! In my understanding a public website, accessible without a password or similar, is no different from any other media, newspaper, billboard, flyer or whatever... You can still be prosecuted for offending, slandering etc. It has been done. Jens Bladt -Oprindelig meddelelse- Fra: William Robb [mailto:[EMAIL PROTECTED] Sendt: 16. august 2005 01:08 Til: pentax-discuss@pdml.net Emne: Re: Another Photographer's Rights Question - Original Message - From: Glen Subject: Another Photographer's Rights Question Hello everyone, There is a nearby city festival planned for next month, which will feature some nationally know recording artists performing in public, and there is no admission fee for the event whatsoever. Since the performance is viewable from public sidewalks, and there is no restriction on viewing the event, and no fees are charged to the public, can I photograph this event and put the images on my personal web space? My understanding is that the act of photographing is fine, the act of publishing (this includes a website) is where you can run afoul of things. There seems now to be a presumption of misdeeds in society at large. If you are shooting, it will probably be presumed that it is for profit. I know people have a hard time dealing with my appearance (SHUT UP NORM!!) when I am out shooting, as it is often with big cameras, or big lenses. While I have never really been verbally assaulted, and never told to pack up and go home, it wouldn't surprise me if the attitude was different in a less laid back locale than the one I live in. William Robb
RE: Another Photographer's Rights Question
Thanks, for everyone's comments so far. I should have mentioned that the city festival and concert that I *might* be photographing and *might* put on my personal web space is in the USA. Any references to laws only help if they apply here. (It's my fault for not mentioning my location earlier.) Also, the web site is accessible to the public without any fee, passwords, etc. I won't be selling the photos. They would be on my site, to share my experience of what I consider to be a news event. They would also be on the site to demonstrate my skills with a camera, and perhaps to provide some illustration for the techniques I used to take them. (Maybe I could offer some helpful technical advice for people wanting to take pictures under similar conditions.) take care, Glen At 02:27 PM 8/16/2005, Jens Bladt wrote: William wrote: My understanding is that the act of photographing is fine, the act of publishing (this includes a website) is where you can run afoul of things. I don't agree. You can't! In my understanding a public website, accessible without a password or similar, is no different from any other media, newspaper, billboard, flyer or whatever... You can still be prosecuted for offending, slandering etc. It has been done. Jens Bladt -Oprindelig meddelelse- Fra: William Robb [mailto:[EMAIL PROTECTED] Sendt: 16. august 2005 01:08 Til: pentax-discuss@pdml.net Emne: Re: Another Photographer's Rights Question - Original Message - From: Glen Subject: Another Photographer's Rights Question Hello everyone, There is a nearby city festival planned for next month, which will feature some nationally know recording artists performing in public, and there is no admission fee for the event whatsoever. Since the performance is viewable from public sidewalks, and there is no restriction on viewing the event, and no fees are charged to the public, can I photograph this event and put the images on my personal web space? My understanding is that the act of photographing is fine, the act of publishing (this includes a website) is where you can run afoul of things. There seems now to be a presumption of misdeeds in society at large. If you are shooting, it will probably be presumed that it is for profit. I know people have a hard time dealing with my appearance (SHUT UP NORM!!) when I am out shooting, as it is often with big cameras, or big lenses. While I have never really been verbally assaulted, and never told to pack up and go home, it wouldn't surprise me if the attitude was different in a less laid back locale than the one I live in. William Robb -- No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.338 / Virus Database: 267.10.10/73 - Release Date: 8/15/2005
Re: Another Photographer's Rights Question
- Original Message - From: Jens Bladt Subject: RE: Another Photographer's Rights Question William wrote: My understanding is that the act of photographing is fine, the act of publishing (this includes a website) is where you can run afoul of things. I don't agree. You can't! You do agree, my convoluted English has confused you. William Robb In my understanding a public website, accessible without a password or similar, is no different from any other media, newspaper, billboard, flyer or whatever... You can still be prosecuted for offending, slandering etc. It has been done.
RE: Another Photographer's Rights Question
I don't believe there's any difference between legally aquiering and publishing photographs. Leagally aquired photographs are yours and can legally be published - unless: A necassary permission/agreement (photograps made in a private place) says you can't. The use for advertising (except advertising for your own work) requires special permission from the persons involved. Remember that legally aquired photographs can be used/published illegally - if for instance they are offending to the people in the pictures or used out of context. I don't think the legislation is very different in the USA from that of the European countries. Except the USA legislation is said to protect comercial interests rather than those of the photographers. Check the website of your local Photographers Union. That ought to give you some straight answers. Jens Bladt Arkitekt MAA http://hjem.get2net.dk/bladt -Oprindelig meddelelse- Fra: Glen [mailto:[EMAIL PROTECTED] Sendt: 16. august 2005 20:47 Til: pentax-discuss@pdml.net Emne: RE: Another Photographer's Rights Question Thanks, for everyone's comments so far. I should have mentioned that the city festival and concert that I *might* be photographing and *might* put on my personal web space is in the USA. Any references to laws only help if they apply here. (It's my fault for not mentioning my location earlier.) Also, the web site is accessible to the public without any fee, passwords, etc. I won't be selling the photos. They would be on my site, to share my experience of what I consider to be a news event. They would also be on the site to demonstrate my skills with a camera, and perhaps to provide some illustration for the techniques I used to take them. (Maybe I could offer some helpful technical advice for people wanting to take pictures under similar conditions.) take care, Glen At 02:27 PM 8/16/2005, Jens Bladt wrote: William wrote: My understanding is that the act of photographing is fine, the act of publishing (this includes a website) is where you can run afoul of things. I don't agree. You can't! In my understanding a public website, accessible without a password or similar, is no different from any other media, newspaper, billboard, flyer or whatever... You can still be prosecuted for offending, slandering etc. It has been done. Jens Bladt -Oprindelig meddelelse- Fra: William Robb [mailto:[EMAIL PROTECTED] Sendt: 16. august 2005 01:08 Til: pentax-discuss@pdml.net Emne: Re: Another Photographer's Rights Question - Original Message - From: Glen Subject: Another Photographer's Rights Question Hello everyone, There is a nearby city festival planned for next month, which will feature some nationally know recording artists performing in public, and there is no admission fee for the event whatsoever. Since the performance is viewable from public sidewalks, and there is no restriction on viewing the event, and no fees are charged to the public, can I photograph this event and put the images on my personal web space? My understanding is that the act of photographing is fine, the act of publishing (this includes a website) is where you can run afoul of things. There seems now to be a presumption of misdeeds in society at large. If you are shooting, it will probably be presumed that it is for profit. I know people have a hard time dealing with my appearance (SHUT UP NORM!!) when I am out shooting, as it is often with big cameras, or big lenses. While I have never really been verbally assaulted, and never told to pack up and go home, it wouldn't surprise me if the attitude was different in a less laid back locale than the one I live in. William Robb -- No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.338 / Virus Database: 267.10.10/73 - Release Date: 8/15/2005
Re: Another Photographer's Rights Question
Glen, Here in the U.S. we don't need releases for the sort of photography you're asking about. There are basically four things you can do to violate the rights of the photographed subject: 1. Use the photograph for advertisement or trade purposes without their permission. 2. Reveal embarrassing private information. 3. Using the photograph to suggest something untrue. 4. Trespassing to obtain the photograph. You're doing none of these as far as I can tell. You could conceivable sell the photographs to a news publication to illustrate an article without needing releases. That publication could, in turn, even use that photograph to advertise the fact that they cover local concerts or some such. Still no invasion of privacy. In most cases photographers can use their own photographs to advertise their business without obtaining releases. e.g. - If you ran a portrait studio you could display those photographs at your store front without needing the subject's approval. I don't see how posting them on your web site would be any different. But I'm not a lawyer, so you should probably do a bit more research. You can not make posters, etc. from those photographs and sell them without a release. Celebrities and other public figures have a right to publicity which allows them to control how their likeness is used. Once that concert is no longer newsworthy, publication of those photographs starts to become either an invasion of privacy or a violation of the subject's right to publicity. Basically, you can sell your photos for a reasonable amount of time after the concert. Yeah, I know, reasonable is vague. When push comes to shove, reasonable is usually decided by the courts. Hope that helps. On 8/16/05, Glen [EMAIL PROTECTED] wrote: Thanks, for everyone's comments so far. I should have mentioned that the city festival and concert that I *might* be photographing and *might* put on my personal web space is in the USA. Any references to laws only help if they apply here. (It's my fault for not mentioning my location earlier.) Also, the web site is accessible to the public without any fee, passwords, etc. I won't be selling the photos. They would be on my site, to share my experience of what I consider to be a news event. They would also be on the site to demonstrate my skills with a camera, and perhaps to provide some illustration for the techniques I used to take them. (Maybe I could offer some helpful technical advice for people wanting to take pictures under similar conditions.) take care, Glen -- Scott Loveless http://www.twosixteen.com -- You have to hold the button down -Arnold Newman
Re: Another Photographer's Rights Question
Yes, they are your personal experience of photos obtained at a public event. You may even sell them to a newspaper for their commentary/review of the performance. They can probably be used for anything that doesn't imply the band's endorsement of anything. Regards, Bob... - The art of taxation consists in so plucking the goose as to obtain the largest possible amount of feathers with the smallest possible amount of hissing. - Jean-Baptiste Colbert, minister of finance to French King Louis XIV From: Glen [EMAIL PROTECTED] Hello everyone, There is a nearby city festival planned for next month, which will feature some nationally know recording artists performing in public, and there is no admission fee for the event whatsoever. Since the performance is viewable from public sidewalks, and there is no restriction on viewing the event, and no fees are charged to the public, can I photograph this event and put the images on my personal web space? I would think this would be fair game, especially if I didn't sell the photos. I would effectively be reporting about a news event in my area. While I'm not a professional journalist, do I have to be recognized as a professional journalist to legally publish photos of a news-worthy public event on my personal web space?
Re: Another Photographer's Rights Question
On 15/8/05, Glen, discombobulated, unleashed: There is a nearby city festival planned for next month, which will feature some nationally know recording artists performing in public, and there is no admission fee for the event whatsoever. Since the performance is viewable from public sidewalks, and there is no restriction on viewing the event, and no fees are charged to the public, can I photograph this event and put the images on my personal web space? Sure, why not. I would think this would be fair game, especially if I didn't sell the photos. I would effectively be reporting about a news event in my area. While I'm not a professional journalist, do I have to be recognized as a professional journalist to legally publish photos of a news-worthy public event on my personal web space? In the UK, journalism is not regulated by a legal body, so there is no legal requirement for government-authorised accreditation. Of course, there are recognised institutions that will help with accreditation to particular events taking place in private places, and so event organisers may be forgiven for not knowing of Glen's Web Site. Hell, I'd let you in, but q.v. Groucho Marx :-) Cheers, Cotty ___/\__ || (O) | People, Places, Pastiche ||=|http://www.cottysnaps.com _
Re: Another Photographer's Rights Question
- Original Message - From: Glen Subject: Another Photographer's Rights Question Hello everyone, There is a nearby city festival planned for next month, which will feature some nationally know recording artists performing in public, and there is no admission fee for the event whatsoever. Since the performance is viewable from public sidewalks, and there is no restriction on viewing the event, and no fees are charged to the public, can I photograph this event and put the images on my personal web space? My understanding is that the act of photographing is fine, the act of publishing (this includes a website) is where you can run afoul of things. There seems now to be a presumption of misdeeds in society at large. If you are shooting, it will probably be presumed that it is for profit. I know people have a hard time dealing with my appearance (SHUT UP NORM!!) when I am out shooting, as it is often with big cameras, or big lenses. While I have never really been verbally assaulted, and never told to pack up and go home, it wouldn't surprise me if the attitude was different in a less laid back locale than the one I live in. William Robb
