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

drew Roberts zotz at 100jamz.com
Wed Dec 21 12:40:55 EST 2011


On Wednesday 21 December 2011 10:47:19 Diane Cabell wrote:
> 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."\

Isn't this just more lawyer language?

How does it apply to real world "little" people like me?

If I go to Europe to visit friends and take photos in the streets, parks, at 
the beach, etc. Can I legally post them to my own personal website/domain? In 
a little album type app? Can I put a BY-SA license on those photos if I 
choose to? Can I post them to flickr or facebook? What about a video shot in 
a park posted to youtube? To my site?
>
> 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

all the best,

drew




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