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

Alan Cox alan at lxorguk.ukuu.org.uk
Wed Dec 21 10:43:09 EST 2011


> Is that lawyer language? How does that translate into the real world where 
> real people take vacation photos where crowds gather and post them to places 
> like facebook, flickr, and the like? Some places where they can choose 
> various cc licenses. Are they all breaking that law?

If the people can be recognized and you don't have permission from them
then if they post them to public locations then probably yes. It's widely
accepted that the current EU data protection law and photography
combination is somewhat broken !

The problem is that it includes sensitive personal data. For normal
personal data you'd have a reasonable defence for various purposes that
it wasn't practicable to ask them, for news purposes etc. None of those
applies to sensitive data and it seems that nobody realised the hole they
were digging when the various rules were passed.

Alan


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