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

Diane Cabell diane at cabell.us
Wed Dec 21 10:47:19 EST 2011


See below.

On Dec 21, 2011, at 3:13 PM, drew Roberts wrote:

> On Tuesday 20 December 2011 13:22:17 Peter Brink wrote:
>> drew Roberts skrev 2011-12-20 14:08:
>>> 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?)
>> 
>> Anything that can be used to identify a living person is personal data
>> and a photo of a person is sensitive personal data according to EU data
>> protection law...
> 
> 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?

<http://europa.eu/legislation_summaries/information_society/data_protection/l14012_en.htm>
European Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
"This Directive applies to data processed by automated means (e.g. a computer database of customers) and data contained in or intended to be part of non automated filing systems (traditional paper files).
It does not apply to the processing of data:
	• by a natural person in the course of purely personal or household activities;
	• in the course of an activity which falls outside the scope of Community law, such as operations concerning public security, defence or State security."

Facebook is registered as a data controller in the UK: <http://www.ico.gov.uk/ESDWebPages/DoSearch.asp>.
dc

Diane Cabell
Oxford eResearch Centre
Oxford Internet Institute
Creative Commons
iCommons Ltd


>> /Peter Brink
> 
> all the best,
> 
> drew
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