[cc-community] Publishing photo of an identifiable person under a CC license

Alan Cox alan at lxorguk.ukuu.org.uk
Thu Aug 15 07:20:09 EDT 2013


> So, is a CC license do any protection to prevent such actions? Do
> http://creativecommons.org/licenses/by-sa/3.0/legalcode 4d is helpful here?
> 
> Or people publishing a photo under a CC-BY/CC-BY-SA license are vulnerable
> to such attacks?

I don't see the licence has anything to do with it. A licence grants you
certain rights from the *creator* to use their work. It doesn't in any
way exempt you from any duties in law you may have elsewhere.

(The obvious example being that having a CC licence to an image which is
itself unlawful does not magically allow you to own a copy legally)

There are some cases where photographs very clearly need permission of
the subject because laws on privacy and/or data protection say so. For
example a photo of an identifable individual praying would within the EU
as it can reasonably be inferred to identify their religious persuasion.

The rest I find quite silly to be honest. Painting pictures of people you
don't like on things in funny ways is art. It's no different to toilet
paper with the president or prime ministers head printed on each sheet.

Alan


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