Archived posting to the Leica Users Group, 2001/05/21

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Subject: Re: [Leica] an ethical question....
From: Mark Rabiner <mark@rabiner.cncoffice.com>
Date: Mon, 21 May 2001 12:30:56 -0700
References: <B72E9550.1DC2%cyberdog@attglobal.net>

Pascal wrote:
><Snip> 
> Of course, the photographer owns the intellectual rights to his own work,
> but that does *not* take away the necessity for him to obtain consent to use
> or display the image from those represented on it.
> 
> It is not allowed to publicly display images of identifiable persons unless
> they have given their prior consent to it (which, from your posting, I
> gather to be the case).
> 
> I have the impression that all to often photographers are abusing this
> simple rule when I wander around and see wedding pictures hanging in their
> shop window... If only people were more aware of their rights... :-)
> 
> Pascal

I can't speak for France who as with many issues has it's own thing.
But in most of the free world specifically the U.S.A. while this my "seem fair"
and provide a nice righteous rationale, logical and emotional  as to what
"should be" it has no basis in copyright law which is no different when a
photographer shoots for General motors or the Pope, a wedding or is shooting for stock.

If a book of my photographs came out i can just imagine trying to reestablish
contact with my photosubjects the vast majority of whom I've not heard hide nor
hair from for decades. Without a private detective i imagine out of 100 images I
would be able to get a hold of 8 people if i was going to get their warm and
fuzzy approval.
I wonder how many photographers hire private detectives to reestablish contact
with their body of work to ask their permission one last time before the book of
their body of work gets published?
If they're dead would it be ok to begin negotiations with their estate? Let the
kids all fight it out and take a vote! (Gee! Does dad really look good in that
picture or not!!!???)
A very interesting alternate reality which thank goodness is not the one we are
living in.

If you had to ask your photosubjects permission before your pictures got ran
you'd go nuts and the whole media would grind to a halt.
Freedom of expression here in the U.S.A. and Freedom of the press would be no more.


Mark Rabiner

Portland, Oregon
USA

http://www.rabiner.cncoffice.com/