Re: Can I publish?

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Actually, no.  The last publicised case was in Canada.  A French
photographer took a picture of a house in obvious disrepair.  Sitting on the
steps was a young girl in 'grunge' dress.  His photograph editorialized the
denegration of the 'non French' life style in Canada during debates over
separation.  The girl sued and won over character denegration.

It came down to the motive of the photographer.  If he'd have said it was
circumstance and the publisher used the photograph to make the statement,
he'd have gotten off.  But, in stubborn defiance he insisted he 'meant to
make that statement.'   He lost big time.  It was the same thing: using a
photograph with a person in it to "Put words into their mouths or meaning of
their actions that they did not release."

With all due respects.  If your media is blanking out faces, they're playing
into some current fear.  For, if anyone is doing some clandestine act, even
walking in town with their mistress, they are on public access roads and
open to the freedom of the rest.  Then, I do not wish to discuss opressive
societies.

S.
----- Original Message -----
From: "Qkano" <snapper@xxxxxxxxxxxxxxxxxxx>
To: "List for Photo/Imaging Educators - Professionals - Students"
<photoforum@xxxxxxxxxxxxxxxxxxxxxx>
Sent: Thursday, September 23, 2004 1:26 AM
Subject: Re: Can I publish?


>
>
>
> >The area is not at all gray. Editorial is almost worse than commercial
use.
> >The rule is: If you feature an identifyable person and with the
photograph
> >or caption PUT WORDS IN THEIR MOUTH
>
> I'm assuming we are talking about the law as it stands in the US (as that
was where the original poster is based).
>
> Once you start talking about the rest of the world the area becomes very
very grey indeed. It can depend not just on who the subject is but where the
subject was and even where the photo was taken from (may not both be the
same).
>
> In the UK now (news) most passers by's faces are now blurred out
routinely.  Is it illegal to show them?  Maybe not.  But the media may well
be liable for any damages resulting from doing so.  Heck, the accidental
subject may be "thowing a sickie" from work, out for a walk with thier
mistress, on a witness protection program ...
>
> B
>
>
>
> --
>
> Whatever you Wanadoo:
> http://www.wanadoo.co.uk/time/
>
> This email has been checked for most known viruses - find out more at:
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>


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