Re: [messengers] I fell down yesterday

Date: 23 Apr 2010 23:03:12 +0200
From: norbert <norbert@xxxxxxxxxxxxxxxxx>


On Fri, Apr 23, 2010 at 9:51 PM, Andy <az@xxxxxxxxxxxxxxxxx> wrote:
> [...] it is a weird notion that people somehow feel they "own" their image, and that their

Thing is: this is a difficult issue. I do not know the situation in
question exactly (USA). But in Europe it differs from country to
country. Baseline:

 - You own in fact your picture mostly. In Germany it is part of your
personality rights same like not be falsely named as a child molester
or what not. Exception: Celebrities, they are part of public life
(hey, that means photos, not the child molesting thing).

 - Taking pictures in public is OK (mostly). Publishing without
consent is not. New twist: any hand off is recently treated like
publishing in Germany, like showing one picture to Mom in the
basement: Not legal without consent.

 - Belgium: Publishing not really OK even if you show other people's
"creation" (sic!), like you would be required to pay copyright fees
for public pictures of the Atomium in Brussels (payable to the
Architect). Roughly like that in France.

 - That web site in question does have info about a "model release"
for posed pictures. Over here one would need it for most persons
pictured if persons are part of the composition - as opposed to
accidental bystanders. A bike messenger phote as such would then
require a model release.

This is said just to explain origins of misconceptions, but for a
photo taken in the US I strongly feel that Andy Zalan is just right in
what he said.