[cc-community] publicity rights (was Re: NC/ND)

drew Roberts zotz at 100jamz.com
Tue Dec 20 08:08:01 EST 2011


On Tuesday 20 December 2011 06:11:56 Alan Cox wrote:

1:
> > get model releases from the subjects where appropriate

2:
> > or not get any 
> > model releases at all and just leave it up to anyone wanting to use the
> > photos in a way that would require a model release, I don't have any feel
> > at all for how
>
> I don't believe the latter case is actually permissible in Europe on a
> strict reading of EU data protection law at least. It's a database of
> personal data including sensitive data. If you have it searchable by
> person (eg so you can find people by name etc as opposed to just being
> '500 people on a street') and you are in the EU you should probably also
> be registered as a data controller.
>
> Alan

In the latter case (2) I did not intend to keep a record of who was in the 
photo, that would be up to those who wanted to make a use of the photo that 
needed a release to do the research necessary to get that release. (Or am I 
misunderstanding your point?)

all the best,

drew


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