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

drew Roberts zotz at 100jamz.com
Wed Dec 21 18:14:00 EST 2011


On Wednesday 21 December 2011 17:20:32 cc at phizz.demon.co.uk wrote:
> On 21/12/2011 17:40, drew Roberts wrote:
> > 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?
>
> Germany is the most stringent. You are allowed to photograph and publish
> crowd scenes even if every one is in sharp focus and clearly
> identifiable. You are not allowed to zero in and pick out one or two
> people as the main focus. Thus portraits not allowed, crowd scenes allowed.

And what are the penalties?

Now let's say you take a crowd scene with a really good camera and put it on 
the net with a BY-SA license. So now someone outside of Germany downloads the 
photo, gets the license. They crop to end up with a portrait. What heppens 
then? Is Germany going to go for extradition? Grab them at the border should 
they ever enter Germany? Nothing?
>
> As for France I've never had any problems, the law seems to be that you
> can publish so long as the photo isn't harmful or insulting. IOW that
> you haven't used the image in a derogatory way.
> http://www.flickr.com/search/?q=france+street+photography

all the best,

drew


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