Changes to Licensing law UK -> No More NGD threads?

Discussion in 'Politics & Current Events' started by MetalGravy, Dec 18, 2015.

  1. MetalGravy

    MetalGravy Making a meat suit

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  2. Blytheryn

    Blytheryn Musical Adam West

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    So as long as you don't take a pic of your guitar in a fancy chair you should be fine, right? It would be the designer/copyright holder that would press the eventual suit, not the UK govt?
     
  3. Explorer

    Explorer He seldomly knows...

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    This sounds like it has the potential to create all kinds of ways to screw with news organizations covering events which have protected items in the background.

    This doesn't sound well thought out.
     
  4. sezna

    sezna undermotivated

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    In the U.S., I used to think it was weird that somebody could just walk up to you, photograph your face, and they own all the rights to it. I guess I understand why it is better that way than the alternative, though...

    Honestly, the law doesn't sound like it will be applied to anybody who just posts pics online - probably only to go after big companies and big fish. If that makes sense.
     
  5. ArtDecade

    ArtDecade Unhindered by Talent

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    Its not that simple... Photography and Copyright Law

    Q: Do I need a model or property release to own the copyright in my photograph?

    Copyrights and rights of privacy for people are different rights. When photographers take photos of people, they must be careful to not invade their privacy. This happens when someone enters a person’s private domain in a manner that would be considered offensive to the average person. As a photographer, the act of going on someone’s land without permission would be trespassing and also may violate the person’s right of privacy. You don’t have to take a photo or publish an image photo for the action to be unlawful. Some courts have found that a photographer has violated privacy rights even when photographing someone in public. Instances would include cases where the photographers harass their subjects, use hidden cameras, or wait for a woman’s skirt to be blown at a fun house. It also is unlawful to view and photograph people inside of residences or other places where privacy is normally expected, even when the photographer is standing in public.

    After the photo is taken, however, the photographer should be concerned with the person’s right of publicity. You violate a person’s right of publicity when, without permission, you use a photo of a person for your own benefit. The “editorial” use of a photo is not considered a use of the person’s image for your own benefit. “Commercial” use is different because the use benefits the photographer, so you need the person’s consent to use their image. If you get a model release signed by the subject, you are free to use the image commercially, i.e., for advertising.

    If an image is used in a newsworthy item then that constitutes an editorial use. In such cases, a person’s rights are evaluated in light of constitutional interests. “Newsworthiness” is a First Amendment, freedom of the press interest and is broadly construed. Courts traditionally have defined public interest or newsworthiness in liberal and far-reaching terms, not limiting it to the dissemination of news in the sense of current events. They have extended it well beyond that to include all types of factual, educational and historical data, even including entertainment and amusement and other interesting phases of human activity in general.
     
  6. UnderTheSign

    UnderTheSign SS.org Regular

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    People posting a NGD shouldn't be affected by this at all, as it only applies to professional photographers. Ie if you make money with the photo you took of someone elses product, that's when the trouble (potentially) starts.

    Then again, I remember a huge cryfest over the copyright reform in Europe, with Wikipedia even proclaiming "these might be history" in a photo with some major London skyline buildings blacked out... Turns out it was a lot of banter over nothing.
     

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