Regarding US law I think this site sums things up very well: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter12/index.html
Intent is important, I think its actually 'free speech' (rather than fair use) things in your constitution which make this stuff acceptable, but it should not be relied upon as a cast iron defense. A lot comes down to how the person(s) are portrayed, being truthful and not creating misleading impressions or being libelous helps a lot. If its a public official then a further defense is if the work is in the public interest, eg exposing corrupt behaviour by public officials. Peoples rights to privacy depend on location and what about them is being revealed. In the UK if I am filming in public, I do not need to get a release from casual passers by. However if I filmed two people having an argument, I would be wise to seek a release. Public transport, hospitals etc, fall somewhere between public and private spaces, and more caution is advised than when filming on the street. You should always get permission when filming on private property, including shops. Any products that feature in your videos should be given careful consideration too, again it often comes down to what context they are used in. A quick way for videobloggers to record the consent of their subjects, is to film them giving consent. If the case is more sensitive then get it in writing. Channel 4 presents a good guide for UK law in regards this stuff, and includes examples which are probably helpful to other countries, even if the law differs a bit, the basic principals seem to be the same: http://www.channel4.com/fourdocs/about/fairness_privacy.html There was a case in the UK where someone trying to kill themselves in public was captured on the local CCTV system. He was saved but wasnt happy that the media were given the CCTV footage without his permission. I dont know the outcome of that case, but I know that he was using the Human Rights Act, which is probably the legislation that covers privacy issues in much of the EU. Steve of Elbows --- In [email protected], andrew michael baron <[EMAIL PROTECTED]> wrote: > > Fair use guidelines are used to determine what is okay and what is > not. Its a gray area to some degree. 'Having been worried about this > same question, esp here in NYC where it is almost impossible NOT to > capture someone else, surprisingly, I have found that when "news > gathering", or creating "parody" or pursuing other "fair use" > agendas, you needn't worry about it, when in public. > > It greatly depends on your intent and your use. I would assume Josh > that someone could make the claim from looking through your videoblog > that, as a whole, your videoblogging activity does not include fair > use because your intent is the pursuit of personal celebrity. > > On Nov 19, 2005, at 9:28 AM, Josh Leo wrote: > > > so this brings up an interesting question (that i believe has been > > discussed here but no solid answers have been given) I know it is > > different for each country, but Gabe, and Nathan Peters have both > > run into police/civil workers saying that they do not want to be > > recorded... > > > > What are our rights when it comes to filming? > > Who can we film in public places? > > why is it illegal to film certain things? > > etc... > > > > I know that there are perfectly valid reasons for not allowing > > certain things to be filmed, but i want to know the exact rights i > > have when it comes to someone telling me "you can't film here" > > > > > > > > > > On 11/19/05, jonny goldstein <[EMAIL PROTECTED]> wrote: > > Cops illegally frisk a Gabe, a vlogger and his friend in a public > > square in Amsterdam. Of course Gabe vlogged it. Great stuff: > > > > http://www.gabe.nl/2005/11/policed-state-in-amsterdam.html > > > > > > > > > > > > ------------------------ Yahoo! Groups Sponsor -------------------- > > ~--> > > AIDS in India: A "lurking bomb." Click and help stop AIDS now. > > http://us.click.yahoo.com/VpTY2A/lzNLAA/yQLSAA/lBLqlB/TM > > -------------------------------------------------------------------- > > ~-> > > > > > > Yahoo! Groups Links > > > > > > > > > > > > > > > > > > > > > > -- > > Josh Leo > > > > joshleo.com > > stonefarm.blogspot.com > > joshspicks.blogspot.com > > wearethemedia.com > > YAHOO! GROUPS LINKS > > > > Visit your group "videoblogging" on the web. > > > > To unsubscribe from this group, send an email to: > > [EMAIL PROTECTED] > > > > Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. > > > > > ------------------------ Yahoo! Groups Sponsor --------------------~--> Get fast access to your favorite Yahoo! Groups. Make Yahoo! your home page http://us.click.yahoo.com/dpRU5A/wUILAA/yQLSAA/lBLqlB/TM --------------------------------------------------------------------~-> Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/videoblogging/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
