[cc-licenses] Image privacy

Terry Hancock hancock at anansispaceworks.com
Wed Jun 6 12:16:58 EDT 2007


Kai Hendry wrote:
> I am wondering how BY: license in regards to people's privacy IN the picture.

It doesn't.

> A company is asking to use one of my BY: licensed images on flickr and
> I just want them to use it!

>> while it says we
>> can use the work of the photographer, there is no protection for
>> those individuals IN the picture. The BY: releases copyright but it
>> does not release image privacy.

No offense, but they're right and you're wrong. Sorry! :-)

> I don't want to sign/scan release forms and what-not.

Fortunately, they've given you an easier out:

>> If not, then if you can send us an email as a release, that would be
>> good as well. Basically, just read what we sent you for a release,
>> copy and paste or type up a similar release document in an email. All
>> it needs to say is that we can use the photo and you will not sue us
>> for it. Please include the name of the photo as well as BCP and
>> Veria. At the bottom, be sure to include your name and your father's
>> name.

Of course, you could just refuse. But the publisher would have legal
liability, and they obviously don't want to risk that, so they won't run
the picture.

Privacy rights are a whole different matter outside the scope of both
copyright and CC licenses. There are a number of laws that restrict
documents -- especially images -- outside of copyright:

1) privacy laws, as in this case
2) censorship laws, such as those forbidding pornography (or in some
countries, religious or political statements)
3) national security issues, such as maps or aerial photos of military
installations (some countries make photographs of police illegal!)
4) technology transfer laws, such as diagrams or photographs of
assemblies which are deemed too sensitive to export (AFAIK, the US is
the worst culprit here)
5) trademark laws, such as company logos

and of course, this varies a lot by country.

Probably there are too many of these laws. Freedom of speech is not so
broad as we would like it to be. You could start a political movement,
or possibly even stage a coup d'etat, to change this state of affairs.

But this is the situation we have now. :-)

IANAL, TINLA, etc.

Cheers,
Terry

-- 
Terry Hancock (hancock at AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com




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