Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-19 Thread David Mann
On Jan 19, 2011, at 9:47 AM, John Sessoms wrote: They're listening to the same corporate lawyers who require electric heaters to have a specific warning label telling you not to use them while you're in the bathtub. http://www.bbc.co.uk/news/uk-england-london-12198709 Dave -- PDML

Re: Now - about the Pentax Users Gallery... some questions, , for you who are in it

2011-01-19 Thread eckinator
2011/1/19 John Sessoms jsessoms...@nc.rr.com: This is the cop flailing around adding ridiculous charges hoping to find *something* that will stick in hopes of justifying having stepped on his own foreskin. no idea if that expression is old or markworthy but I'll remember it =) -- PDML

Re: Now - about the Pentax Users Gallery... some questions, , for you who are in it

2011-01-19 Thread eckinator
2011/1/19 John Sessoms jsessoms...@nc.rr.com: Actually, the cops can arrest you just about anywhere in the world (not just in the U.S.) simply because you look funny. true. and detain me for 24 hours before they have to convince a DA that they have a case. I'm OK with that. Just not with their

Re: Now - about the Pentax Users Gallery... some questions,, for you who are in it

2011-01-19 Thread John Sessoms
From: Boris Liberman On 1/19/2011 1:04 AM, John Sessoms wrote: You do not need a model release OR a property release for non-commercial use of any photograph taken in or from a public place. Non-commercial use means you are not using the photograph to sell a product - you can sell copies

Re: Now - about the Pentax Users Gallery... some questions, ,, for you who are in it

2011-01-19 Thread John Sessoms
From: eckinator 2011/1/19 John Sessoms jsessoms...@nc.rr.com: Actually, the cops can arrest you just about anywhere in the world (not just in the U.S.) simply because you look funny. true. and detain me for 24 hours before they have to convince a DA that they have a case. I'm OK with that.

Re: Now - about the Pentax Users Gallery... some questions, ,, for you who are in it

2011-01-19 Thread eckinator
2011/1/19 John Sessoms jsessoms...@nc.rr.com: Keep in mind a conviction is not necessarily the final disposition of such a case. Often when the accused is convicted at the lowest level of the court where the charges are first heard, he/she has to appeal the conviction and it is over-turned

Re: Now - about the Pentax Users Gallery... some questions, ,, for you who are in it

2011-01-19 Thread John Francis
On Wed, Jan 19, 2011 at 04:10:30PM -0500, John Sessoms wrote: From: eckinator 2011/1/19 John Sessoms jsessoms...@nc.rr.com: Actually, the cops can arrest you just about anywhere in the world (not just in the U.S.) simply because you look funny. true. and detain me for 24 hours before they

Re: Now - about the Pentax Users Gallery... some questions,, ,, for you who are in it

2011-01-19 Thread John Sessoms
From: eckinator 2011/1/19 John Sessoms jsessoms...@nc.rr.com: Keep in mind a conviction is not necessarily the final disposition of such a case. Often when the accused is convicted at the lowest level of the court where the charges are first heard, he/she has to appeal the conviction and

Re: Now - about the Pentax Users Gallery... some questions,, ,, for you who are in it

2011-01-19 Thread John Sessoms
From: John Francis Also, rather significantly (IMO), the accused was *not* acquitted of all charges - he was released without any charges being filed. According to a quote appearing in the legal blog that the first blog linked to, he said he was acquitted by a jury That often happens when

Re: Now - about the Pentax Users Gallery... some questions,, ,, for you who are in it

2011-01-19 Thread John Francis
On Wed, Jan 19, 2011 at 07:35:16PM -0500, John Sessoms wrote: While it does happen, I expect in the SF Bay Area case you cite, the suspect will eventually get his property returned AND receive some compensation for his trouble. EVENTUALLY Not in this case, he won't. The reason the case

Re: Now - about the Pentax Users Gallery... some questions,, ,, for you who are in it

2011-01-19 Thread John Francis
On Wed, Jan 19, 2011 at 07:35:16PM -0500, John Sessoms wrote: From: John Francis Also, rather significantly (IMO), the accused was *not* acquitted of all charges - he was released without any charges being filed. According to a quote appearing in the legal blog that the first blog linked

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Boris Liberman
On 1/18/2011 2:12 AM, Ann Sanfedele wrote: It is the sole responsibility of the submitting photographer to obtain a written release from any _recognizable_ [emphasis mine] person in a submitted photo. Don't you have a rule/law in your country whereas if you take a picture of a person in

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Thibouille
Don't think so. If it is published, you need autorization IMO. 2011/1/18 Boris Liberman bori...@gmail.com: On 1/18/2011 2:12 AM, Ann Sanfedele wrote: It is the sole responsibility of the submitting photographer to obtain a written release from any _recognizable_ [emphasis mine] person in a

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread AlunFoto
2011/1/18 Boris Liberman bori...@gmail.com: I've a pic in there that shows faces... No problems this far. Hmmm... It's a bit like driving without a license. No problems as long as there are no problems. I have a pic in there too, of two boys from Old Jerusalem playing with a toy gun; shooting

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Boris Liberman
What you say makes sense, but there is a major problem with such an approach, as I see it, personally. Consider that you made a photo of yourself on backdrop of Trafalgar square and you want to publish it in your blog basically just to boast that you were there and how good you looked. Now,

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Paul Stenquist
As far as I know we don't have a rule or law -- other than the first amendment to the Constitution. -- that says you can take pictures of people in public. But we have court precedents. You don't need model releases for pictures or people taken in public unless they're used for profit in a

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Boris Liberman
On 1/18/2011 2:58 PM, AlunFoto wrote: 2011/1/18 Boris Libermanbori...@gmail.com: I've a pic in there that shows faces... No problems this far. Hmmm... It's a bit like driving without a license. No problems as long as there are no problems. Well, no, it is not, unless you say that if a pic

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Paul Stenquist
You definitely don't need a model release for a picture taken in public and published in a gallery , a newspaper or a magazine. Thousands of legal precedents have affirmed that. Even the NY Times, which is hyper cautious doesn't require that. I shot dozens of people for them at the dream

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Cotty
On 18/1/11, Boris Liberman, discombobulated, unleashed: Well, if you were to sell this picture, then you would be really taking chances If this is the case, then every freelance newspaper photographer would be guilty. -- Cheers, Cotty ___/\__ || (O) | People, Places, Pastiche

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread AlunFoto
2011/1/18 Boris Liberman bori...@gmail.com: Hmmm... It's a bit like driving without a license. No problems as long as there are no problems. Well, no, it is not, unless you say that if a pic of mine is shown somewhere on the net, it introduces a terrorist threat personally to me. Traffic

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Paul Stenquist
I'm not sure about Israeli law, But if the photo were taken in the U.S., you would be fine. If the boys parents found out, they could ask you to remove it. But they couldn't force you to take it down, nor could they take legal action. There's no debate on that. Paul On Jan 18, 2011, at 7:58

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Boris Liberman
The first amendment is a well good rule/law for me... I mean not me personally, as I am not US citizen, but hmmm, well you surely understand what I mean. So, effectively, sand the awkward language I was stating the right thing. It has to be determined (as in lawyer sense of the word) what is

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Boris Liberman
Gee, did not think of them. Sorry. I stand correct. Thanks, Cotty (the old and wise /wink wink/) On 1/18/2011 3:10 PM, Cotty wrote: On 18/1/11, Boris Liberman, discombobulated, unleashed: Well, if you were to sell this picture, then you would be really taking chances If this is the case,

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Boris Liberman
I don't know about Israeli law either. Perchance it is time I found out. On 1/18/2011 3:11 PM, Paul Stenquist wrote: I'm not sure about Israeli law, But if the photo were taken in the U.S., you would be fine. If the boys parents found out, they could ask you to remove it. But they couldn't

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Paul Stenquist
On Jan 18, 2011, at 8:22 AM, Boris Liberman wrote: The first amendment is a well good rule/law for me... I mean not me personally, as I am not US citizen, but hmmm, well you surely understand what I mean. So, effectively, sand the awkward language I was stating the right thing. It has

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Boris Liberman
Oh. Understood... Well, jolly good. On 1/18/2011 3:30 PM, Paul Stenquist wrote: On Jan 18, 2011, at 8:22 AM, Boris Liberman wrote: The first amendment is a well good rule/law for me... I mean not me personally, as I am not US citizen, but hmmm, well you surely understand what I mean. So,

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Elizabeth Masoner
Actually, I work for part of the New York Times and while the newspaper itself doesn't use model releases all the time - magazines and online properties owned by NYT that aren't news outlets MUST have model releases. Even newspapers have been successfully sued when photos are released with

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Paul Stenquist
On Jan 18, 2011, at 9:17 AM, Elizabeth Masoner wrote: Actually, I work for part of the New York Times and while the newspaper itself doesn't use model releases all the time - magazines and online properties owned by NYT that aren't news outlets MUST have model releases. I work for The New

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Thibouille
2011/1/18 Boris Liberman bori...@gmail.com: Consider that you made a photo of yourself on backdrop of Trafalgar square and you want to publish it in your blog basically just to boast that you were there and how good you looked. Now, if what you say applies, you /cannot/ publish it, unless you

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Elizabeth Masoner
As I said, for the newspaper they don't require it but I guarantee you they do for their non-newspaper properties. The web property you write for is part of the newspaper property and falls under the news umbrella. You were photographing a news story - news stories are entirely different than

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread P. J. Alling
Not under American, law or for that matter most places that draw their legal systems originally from the British. On 1/18/2011 7:51 AM, Thibouille wrote: Don't think so. If it is published, you need autorization IMO. 2011/1/18 Boris Libermanbori...@gmail.com: On 1/18/2011 2:12 AM, Ann

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Thibouille
2011/1/18 Elizabeth Masoner lizmaso...@bellsouth.net: There are some exceptions based on photos taken in public places and at public events.  However, these are poorly defined in the law and judges are notoriously inconsistent on rulings.  Most judges take the side of the person photographed

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Ann Sanfedele
Paul Stenquist wrote: On Jan 17, 2011, at 8:19 PM, Ann Sanfedele wrote: Paul Stenquist wrote: Legally, you don't need a written release to publish a photo in a gallery. That being said I believe I only have one portrait in the gallery, and I have a release for that. The sticky wicket

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread John Francis
On Tue, Jan 18, 2011 at 08:05:27AM -0500, Paul Stenquist wrote: As far as I know we don't have a rule or law -- other than the first amendment to the Constitution. -- that says you can take pictures of people in public. But we have court precedents. You don't need model releases for

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread John Sessoms
From: Boris Liberman What you say makes sense, but there is a major problem with such an approach, as I see it, personally. Consider that you made a photo of yourself on backdrop of Trafalgar square and you want to publish it in your blog basically just to boast that you were there and how good

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread eckinator
2011/1/18 John Sessoms jsessoms...@nc.rr.com: Under U.S. law, images of identifiable persons in a public place may be used for non-commercial purposes, where non-commercial is defined as not used for selling a product. If you don't want to be in my photo of the Lions at the steps leading to

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread John Sessoms
From: Paul Stenquist As far as I know we don't have a rule or law -- other than the first amendment to the Constitution. -- that says you can take pictures of people in public. But we have court precedents. You don't need model releases for pictures or people taken in public unless they're used

Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread John Sessoms
From: Boris Liberman Well, if you were to sell this picture, then you would be really taking chances. But as long as you just show it around - I still see no reason to worry. Of course, if one publishes a picture on the net and someone from that picture asks one to take the picture down, one

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread P. J. Alling
On 1/18/2011 3:38 PM, eckinator wrote: 2011/1/18 John Sessomsjsessoms...@nc.rr.com: Under U.S. law, images of identifiable persons in a public place may be used for non-commercial purposes, where non-commercial is defined as not used for selling a product. If you don't want to be in my photo

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread John Sessoms
From: Cotty If this is the case, then every freelance newspaper photographer would be guilty. They are, but that's getting into a whole new territory. - No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1191 / Virus Database: 1435/3387 - Release Date: 01/17/11

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread P. J. Alling
On 1/18/2011 3:56 PM, John Sessoms wrote: From: Cotty If this is the case, then every freelance newspaper photographer would be guilty. They are, but that's getting into a whole new territory. They're guilty as sin, but not of breaking the law, normally... - No virus found in this

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread John Sessoms
From: Elizabeth Masoner Actually, I work for part of the New York Times and while the newspaper itself doesn't use model releases all the time - magazines and online properties owned by NYT that aren't news outlets MUST have model releases. You need a model release for commercial use. You do

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread Paul Stenquist
On Jan 18, 2011, at 6:04 PM, John Sessoms wrote: From: Elizabeth Masoner Actually, I work for part of the New York Times and while the newspaper itself doesn't use model releases all the time - magazines and online properties owned by NYT that aren't news outlets MUST have model releases.

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread Paul Stenquist
On Jan 18, 2011, at 6:04 PM, John Sessoms wrote: From: Elizabeth Masoner Actually, I work for part of the New York Times and while the newspaper itself doesn't use model releases all the time - magazines and online properties owned by NYT that aren't news outlets MUST have model releases.

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread eckinator
2011/1/18 P. J. Alling webstertwenty...@gmail.com: Well, yes and no.  Most of those charges, in the US at least stem from different statutes.  What they probably actually arrest you for is resisting, then they tack the reliant statute onto that.  Which in a constitutional democracy what else

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread P. J. Alling
Yes, so the relevant statute is bullshit. In this case and I quote Olvera claims that Alderete saw a can of beer on a kitchen counter, next to Olvera's wallet, and immediately handcuffed him. The implication is that the officer decided to go with public drunkenness, then added the

Re: Now - about the Pentax Users Gallery... some questions,, for you who are in it

2011-01-18 Thread John Sessoms
From: Paul Stenquist Technically, you're right, John. But if her employer insists on a model release, then she needs a model release. Some publishers apparently go beyond what is necessary, perhaps on the advice of lawyers. I think that's unfortunate, because it establishes a bad precedent, but

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread eckinator
2011/1/19 P. J. Alling webstertwenty...@gmail.com: [...] The implication is that the officer decided to go with public drunkenness, then added the photography charge, well actually a miss application of an anti wiretapping law. just so i get this right, are you saying he was just throwing the

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread P. J. Alling
On 1/18/2011 7:48 PM, eckinator wrote: 2011/1/19 P. J. Allingwebstertwenty...@gmail.com: [...] The implication is that the officer decided to go with public drunkenness, then added the photography charge, well actually a miss application of an anti wiretapping law. Plate of spaghetti, hoping

Re: Now - about the Pentax Users Gallery... some questions,, for you who are in it

2011-01-18 Thread John Sessoms
From: eckinator 2011/1/18 P. J. Alling webstertwenty...@gmail.com: Well, yes and no. ?Most of those charges, in the US at least stem from different statutes. ?What they probably actually arrest you for is resisting, then they tack the reliant statute onto that. ?Which in a constitutional

Re: Now - about the Pentax Users Gallery... some questions,, for you who are in it

2011-01-18 Thread John Sessoms
From: eckinator 2011/1/19 P. J. Alling webstertwenty...@gmail.com: [...] The implication is that the officer decided to go with public drunkenness, then added the photography charge, well actually a miss application of an anti wiretapping law. just so i get this right, are you saying he

Re: Now - about the Pentax Users Gallery... some questions, for you who are in it

2011-01-18 Thread Boris Liberman
On 1/19/2011 1:04 AM, John Sessoms wrote: You do not need a model release OR a property release for non-commercial use of any photograph taken in or from a public place. Non-commercial use means you are not using the photograph to sell a product - you can sell copies of the image, you can sell

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-18 Thread Boris Liberman
Replied off list. On 1/18/2011 5:04 PM, Paul Stenquist wrote: On Jan 18, 2011, at 9:17 AM, Elizabeth Masoner wrote: Actually, I work for part of the New York Times and while the newspaper itself doesn't use model releases all the time - magazines and online properties owned by NYT that

Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-17 Thread Ann Sanfedele
OK - so, apparently I was in 4 years ago... I got a note today... I'm preparing some stuff to load... while reading through the faq I came up with this line It is the sole responsibility of the submitting photographer to obtain a written release from any _recognizable_ [emphasis mine]

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-17 Thread Paul Stenquist
Legally, you don't need a written release to publish a photo in a gallery. That being said I believe I only have one portrait in the gallery, and I have a release for that. (I haven't even glanced at the gallery for years, although I intend to submit some newer pics when I have time.) If I

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-17 Thread Brian Walters
On Mon, 17 Jan 2011 19:12 -0500, Ann Sanfedele ann...@nyc.rr.com wrote: I know I can submit stuff I took with film... and somewhere I thought I saw a line that said something about stating that a photo is scanned... but now I can't find that ... So you film guys, where did you put that

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-17 Thread Ann Sanfedele
Paul Stenquist wrote: Legally, you don't need a written release to publish a photo in a gallery. That being said I believe I only have one portrait in the gallery, and I have a release for that. (I haven't even glanced at the gallery for years, although I intend to submit some newer pics

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-17 Thread Ann Sanfedele
Brian Walters wrote: On Mon, 17 Jan 2011 19:12 -0500, Ann Sanfedele ann...@nyc.rr.com wrote: I'm pretty much planning on loading older stuff first... no reason to load the max amount allowed per week all at once is there? No. If you load (say) two images, the next time

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-17 Thread Brian Walters
On Mon, 17 Jan 2011 20:21 -0500, Ann Sanfedele ann...@nyc.rr.com wrote: So you and Paul aren't following the rules? ;-) S... Cheers Brian ++ Brian Walters Western Sydney Australia http://lyons-ryan.org/southernlight/ -- --

Re: Now - about the Pentax Users Gallery... some questions for you who are in it

2011-01-17 Thread Paul Stenquist
On Jan 17, 2011, at 8:19 PM, Ann Sanfedele wrote: Paul Stenquist wrote: Legally, you don't need a written release to publish a photo in a gallery. That being said I believe I only have one portrait in the gallery, and I have a release for that. (I haven't even glanced at the gallery for