And whether it meets the tests for reasonableness in a consumer contract ..
Linda MacPherson wrote:
> I would think that would depend on what was written on the voucher
> and whether it fulfilled common law requirements for the importation
> of terms into an agreement. Although s.87 of the CDPA provides
> that a waiver of rights can be made in writing and signed by the
> person giving up the right, it also states that this does not exclude
> the operation of the general law of contract in relation to an informal
> waiver or other transaction.
> Accepting the terms and conditions on a voucher could operate as
> consent.
>
> Linda Macpherson
>
>
> Subject: RE: [data-protection] Photos as personal information
> Date sent: Thu, 23 Feb 2006 17:02:56 -0000
> From: "Merryn O'Connor" <[log in to unmask]>
> To: "Linda MacPherson" <[log in to unmask]>,
> <[log in to unmask]>
>
> A friend of mine had some photographs taken of her and her daughter. She didn't sign anything before the photos were taken and the photographer has since used some of the photos of her daughter on his website. She was not happy with this and when she complained the photographer said she had
> given permission for the photos to be used in this way when she used a voucher offering a discount on the sitting. Is this an acceptable form of permission for the photographer to use these photos in this way?
>
> -----Original Message-----
> From: Linda MacPherson [mailto:[log in to unmask]]
> Sent: 23 February 2006 16:44
> To: [log in to unmask]
> Subject: Re: [data-protection] Photos as personal information
>
>
> Copyright in commissioned photos remains with the photographer
> unless there is an agreement to the contrary. However, a person
> who has commissioned a photograph for private and domestic
> purposes has the right (under s.85 of the CDPA) not to have that
> photograph issued to the public or exhibited or shown in public
> without his consent. (Of course, this right might also be waived
> under the agreement with the photographer.)
>
> And this is of course quite separate from any rights under Data
> Protection law or rights of privacy generally.
>
>
>
> Date sent: Thu, 23 Feb 2006 09:03:40 -0000
> Send reply to: "Simon Howarth (RGC) Interim Information Governance Manager" <Simon.H
> [log in to unmask]>
> From: "Simon Howarth (RGC) Interim Information Governance Manager" <Simon.H
> [log in to unmask]>
> Subject: Re: Photos as personal information
> To: [log in to unmask]
>
> When a commercial photographer takes photo's, even though you are paying,
> unless negotiated otherwise the copyright of the photographs lies with the
> photographer.
>
> My wife had some photo's done last year and I vaguely remember a form being
> signed that provided the photographer with certain rights - I know I looked
> at it, and it didn't give any concern, at least in this instance.
>
> It's therefore possible that the photographer was acting well within their
> rights in terms of competition submission and display.
>
> Any photographers care to enlighten us further?
>
> -----Original Message-----
> From: Nick Landau [mailto:[log in to unmask]]
> Sent: 22 February 2006 19:39
> To: [log in to unmask]
> Subject: Re: [data-protection] Photos as personal information
>
>
> I seem to recall that many years ago a commercial photographer took a photo
> of my cousin's 3 young daughters for them and then without their consent
> submitted the photo to a competition. The photo won a prize and was
> displayed in their shopwindow (or a shop window).
>
> Whilst it was a lovely picture and they were no doubt pleased that it had
> won the prize, if I remember rightly the photographer didn't ask their
> permission to submit the photo for the competition - I presume that they had
>
> just commissioned the photographer to take a personal photo for them.
>
> It wasn't for publication in a newspaper, which would be a different matter.
>
> Nick Landau
>
> ----- Original Message -----
> From: "datap" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, February 22, 2006 11:58 AM
> Subject: Re: [data-protection] Photos as personal information
>
>
>
>>I would consider a cafe to be the public domain as it is an area open to
>>and used by members of the public. But I would argue that consent would
>>depend on what the photograph was to be used for.
>>
>>If the person taking the photo was doing so for their own personal use
>>this would be exempt from DPA under domestic purposes, but if that
>>person entered it in a competition / sold it to a magazine then I would
>>hope they would collect your consent - unless you are not identifiable
>>from the picture.
>>
>>
>>Tanya Holden
>>Information Governance Manager
>>
>>Metropolitan Housing Partnership
>>
>>
>>
>>>>>Lawrence Serewicz <[log in to unmask]> 22/02/2006
>>
>>11:51:55 >>>
>>
>>The current discussion on filming graduations has raised an additional
>>
>>question for me.
>>
>>I was in London last summer and someone took my photo as I sat in
>>coffee
>>shop window. I was wondering if the photographer needed to obtain my
>>permission and if I had any redress. For example, someone sitting
>>inside
>>a cafe is not out on the street or attending a public event, which
>>would
>>indicate that they have some measure of privacy. I can see the flip
>>side
>>of this argument, where the photographer might argue that when someone
>>
>>leaves their home they have entered the "public domain".
>>
>>I would be interested in people's views on the matter.
>>
>>Best,
>>
>>Lawrence
>>
>>
>>
>>Lawrence W. Serewicz
>>Scrutiny Manager
>>Management Support Unit
>>Wear Valley District Council
>>01388-761-985
>>
>>
>>
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