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Tim's response to my (deliberately provocative) e-mail misses the point.
Being a face in a crowd doesn't make you any less recognisable in a still
photo, and TV images can have individual images frozen - and that's without
getting into really complicated image manipulation. In any case, where does
a "crowd" start? Ok, I have to get permission from a single person, or a
couple. But what about 20 people, or 50, or 100? When does Tim's "crowd"
begin?
National newspapers tend to send a single photographer to a football match -
a "lone" photographer". So he/she would have to ask everyone for consent if
he/she took a picture of the crowd? Whereas the dozen or so TV camera
operators at a typical Premiership match wouldn't have to?
As a keen amateur photographer myself I often take pictures of people -
sometimes individuals, sometimes groups - in public places because I think
they make interesting photos. I rarely know if the picture I take is one
that I will wish to exhibit until (i) I see the finished product and (ii) an
exhibition opportunity arises for which the photo would be suitable. Do I
ask permission on spec? Also, many pictures "work" because they are snatched
moments, taken when the subject is unaware and so is doing something
completely natural. If you had to ask permission beforehand then many
photos, widely acclaimed on artistic grounds, would simply not exist.
In actual fact I think in this specific case the photographer WAS in the
wrong - he/she knew specifically that it was being taken for exhibition -
but I don't think you can generalise in the way that many contributors have
suggested.
Stuart
-----Original Message-----
From: Turner,Tim (Corporate Resources) [mailto:[log in to unmask]]
Sent: 09 January 2004 10:34
To: [log in to unmask]
Subject: Re: photos in exhibitions
I'd say that's a different principle - football matches are public events
where TV cameras are more or less an inherent part of the process. Weddings
are events which have to be held in public, but you wouldn't (presumably)
say that being photographed by strangers for an art exhibition is an
inherent or likely consequence of the process of getting married. Also, as a
face in the crowd, you're unlikely to be the subject of prolonged or
specific attention - unless Eric Cantona kicks you in the face, perhaps.
Whereas this couple ended up as part of a public exhibition. And TV people
cannot practically ask everyone - a lone photographer can.
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
[SMTP:[log in to unmask]] On Behalf Of Cashmore, Stuart
> Sent: Friday, January 09, 2004 10:24 AM
> To: [log in to unmask]
> Subject: Re: [data-protection] photos in exhibitions
>
> So, if I attend a football match (or any other event with a large crowd)
can
> I expect to be asked to give permission to have my picture taken? - TV
often
> shows shots of the crowd ;-)
>
> (Well - it is Friday!)
>
> Stuart
>
>
> -----Original Message-----
> From: Turner,Tim (Corporate Resources)
[mailto:[log in to unmask]]
> Sent: 09 January 2004 10:23
> To: [log in to unmask]
> Subject: Re: photos in exhibitions
>
> What if the bride was Catherine Zeta-Jones? What if she was eating cake at
> the time?
>
> But seriously, I wholeheartely agree - the courtesy point defeats all
> others. It is fundamentally discourteous to take a picture of someone
> without getting their permission if the intention is to display it in an
> exhibition. Despite the public nature of a wedding, this seems a bit too
> far. People surely have a right to get married without a stranger snapping
> them in circumstances like this. The right thing to do is unquestionably
to
> remove the picture.
>
> Tim Turner
> Data and Information Security Officer
> Derbyshire County Council
> Tel: 01629 580000 ext 7373
>
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> [SMTP:[log in to unmask]] On Behalf Of [log in to unmask]
> > Sent: Friday, January 09, 2004 10:14 AM
> > To: [log in to unmask]
> > Subject: Re: [data-protection] photos in exhibitions
> >
> > In a message dated 08/01/04 20:44:26 GMT Standard Time,
> > [log in to unmask] writes:
> >
> > [snip]
> >
> > > . . . a photo was taken of a couple who were recently married
> > > and standing in front of the registry office, went to the exhibition
and
> > > were upset that their photo was included as they had no knowledge of
it
> > > being taken. it was taken down, but now the photographer is angry and
> > > wants it put back up.
> >
> > -----
> > I would approach this one with a "what if" scenario. What if the
marriage
> > was against parental wishes, or against religious rules? What if the
> wedding
> > featured a celebrity marrying in secret? What if the bride or groom was
a
> > relative of the photographer? Would s/he have displayed it without
consent
> in any
> > of those circumstances?
> >
> > I assume s/he would not and therefore I assume all of us would be
(should
> be)
> > afforded the same rights (or courtesy).
> >
> > Ian B
> >
> >
> > Ian Buckland
> > Managing Director
> > Keep IT Legal Ltd
> >
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