Archived posting to the Leica Users Group, 1999/09/27

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Subject: [Leica] More Photo Vultures; Leica
From: "Robert Rose" <rjr@usip.com>
Date: Mon, 27 Sep 1999 10:00:50 -0700

Paul Schiemer wrote:

"while that reflected image may be yours for posterity sake,
it is not yours to appropriate to your benefit- without first obtaining my
release, or me receiving some remuneration. [This is about money, not art]."

Interesting, but I don't think that is the law.  So long as I don't put you in a false light, invade a space where you have a reasonable expectation of privacy, or use the photo for a commercial advertisement, I can take candid photos in public places and do what ever I want with them, without giving you any money or getting a release.  I can make a portfolio, a book, a gallery display, etc., all to my benefit (hopefully).  I can sell these photos in books, postcards, posters, etc.

The physics approach to law (photons as a trespass and assault) was amusing, but I don't think a court would buy it.

Robert Rose