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Underground > Switchboard >

Public Domain

pointless and uncalled for

13:54 / 09.01.02

In my Photography of People class we entered into a discussion regarding the public domain.

For those of you who are not aware, the public domain covers the right of media to capture and display your image in a public area.

It seems that there are a few differences in public domain laws in different countries.

For instance, in England your have little to no right to protect someone from capturing your image and putting it up for display or broadcast if you are in a public area, even private property that is open to the public. The person recording your image is not required to ask permission or seek release for broadcast or display.

On the other hand, in Canada, your individual image is protected until you become part of a group of more than three and even then precedent has been set for lawsuits.

The opinions of what was right and wrong were varied.

I'm just wandering, what's you opinion on the matter.

If you found that there was a picture of you in a magazine or newspaper, how would you feel about it and the effect on your privacy?

13:59 / 09.01.02

I think it would depend on the message that accompanied the picture - for example, I wouldnt appreciate being connected with the crack house I was standing across the street from, but I wouldnt mind it if it merely addressed the issue OF the crack house

14:03 / 09.01.02

I think opinions inthis tend to be informed by the likelihood of a publication to *want* to publish your image in the first place.

Its almost amusing to watch 'stars' and other non-personalities who would previously do just about anything to get their face into any area of the media only to change their mind later on...

14:06 / 09.01.02

hmmm this is very interesting with regard to the internet -what is the position for instance if someone were to copy for example a picture of bitchiekitty from her website and then use it on a website about crack adicts...?

pointless and uncalled for

14:16 / 09.01.02

I'm not sure how the law approaches the because it then becomes an issue of copyright protection and theft of intellectual property.

Public domain laws deal primarily with the initial recording of an image.

The Return Of Rothkoid

14:37 / 09.01.02

In terms of CCTV, I believe the law in the UK says that if you ask for a tape that has you on it, they have to hand [a copy of?] it over. Some info is here, but I don't know what it's like as far as standard photography goes. quote:Access by Data Subjects

This right is provided by section 7 of the Data Protection Act 1998 - Data Protection Principles 1, 6 & 7.

1. When data subjects make a request for accessing their information, those operating the system must be able to recognise such a request.
A standard subject access request form should exist for this purpose and should indicate:
* What information is required to locate the requested images?
* What information is required in order to identify the person making the request.
* What fee is charged for carrying out the requested search. (max £10.00)
* Whether merely viewing the images recorded would satisfy the individual.
* That within 40 days of receiving the required fee and information the response will be provided.
* An explanation of the Rights provided by the 1998 Act.

pointless and uncalled for

14:47 / 09.01.02

CCTV isn't really the issue, although that is interesting stuff. The main issue with Public Domain laws is for the division of rights between the general public and the broadcast/display media.

Of course if CCTV footage were to be used for this then the laws would apply.

Guess that means I now have to watch "The Funniest Ugly Motherfuckers Walking Down the Street" to see if I'm on there.

pointless and uncalled for

14:56 / 09.01.02

Actually the main ilk of the discussion evolved around peoples regard for the law and whether or not they would shoot first and ask questions later as an issue of candidacy of the shot.

I was interesting on how people on the other side of the lense felt about that.