Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Thursday 04 October 2007 10:59 pm, paola.dimaio AT gmail.com wrote:
> > > The suit was dismissed last month by a New York State Supreme Court
> > > judge who said that the photographer's right to artistic expression
> > > trumped the subject's privacy rights. But to many artists, the fact
> > > that the case went so far is significant.
>
> I would say that it cannot be over yet - while it is acceptable to
> balance the right to artistic expression and privacy, it is not
> acceptable that one trumps the other
> Also, I would expect that economic compensation is due, if there has
> been financial gain

This is where I think it could be helpful for the law to take note of Free 
Copyleft licenses.

For a possible example:

Take a picture of someone in public:

Use for endorsement - need permission. Negotiate compensation.

Use commercially, All rights reserved or any license other than a Free 
copyleft license - need permission. Negotiate compensation.

Put it under a Free copyleft license - no permission needed.

Now. Do we need a distinction between a portrait type shot taken in a public 
place and a crowd scene?

I am not totally sure that I fully buy my line above, but I certainly think a 
person should get a Free Copyleft license to any images taken of them by any 
photographer in any place not taken at their instigation should they wish to 
use the image under such a license.
>
> otherwise it becomes a case of the court negleting its obligation to
> fairness (next lawsuit I guess ;-)
>
>
> pdm

all the best,

drew
>
> > > The practice of street photography has a long tradition in the
> > > United States, with documentary and artistic strains, in big cities
> > > and small towns. Photographers usually must obtain permission to
> > > photograph on private property — including restaurants and hotel
> > > lobbies — but the freedom to photograph in public has long been
> > > taken for granted. And it has had a profound impact on the history
> > > of the medium. Without it, Lee Friedlander would not have roamed
> > > the streets of New York photographing strangers, and Walker Evans
> > > would never have produced his series of subway portraits in the
> > > 1940's.
> >
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