Archived posting to the Leica Users Group, 2002/06/10

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Subject: Re: [Leica] Asking permission, KISS & the decisive moment
From: Alexander Bühler <alexanderbuehler@addcom.de>
Date: Mon, 10 Jun 2002 15:05:34 +0200

Hello,

Having heard a lawyer of a big media company on this issue I would to like
to share my knowledge - just to complicate matters a bit more.

Am 30.05.2002 22:01 Uhr schrieb "Christer Almqvist" unter
<chris@almqvist.net>:
> I _think_ , at least in Germany, it is not as simple as that with
> taking a photograph of a stranger in a public place. If you want to
> take a picture showing just the stranger, then that is a no-go if the
> stranger does not want to be photographed. Public place or not. He
> holds the right to pictures of him. If he is part of a street scene
> like a demonstration, then what you photograph is Zeitgeschichte
> (history of the moment) and not primarily him, and nobody can legally
> prevent you from taking photos in that situation. There may be
> illegal means to prevent you though......  (I recently discussed this
> with a high ranking police officer waiting for a demonstration to
> pass by.)
 
That would be easy, but if Nathan took a portrait of a person on the
Oktoberfest where you can see on the picture that he "targeted" this one
person on the Fest - it is no historical document and you will have to ask
this person for allowance to use his picture.
With children it is even worse: You can't take a picture showing him or her
even if you asked the kid - you will have to ask the kid's parents for
allowance - no matter where they are.
There are German photographers that always carry forms where they ask people
to sign.

Oh - I didn't introduce myself to the LUGgers: I'm 31, living in Hamburg,
trying to earn my money as a journalist. And I am proud owner of a M6
(classic) and Rokkor2,8/28, a 2/50 and 4/135 (which I almost never use). And
I am working to put some more of my pictures to the Leica Gallery
(http://www.leica-gallery.net/alex/).

I just visited Leica at Sollms with a photographer we are going to do a
feature for a newspaper about Leica/the M7/modern myths and fans.

So, I hope that's enough information on me and I also expect to be able to
show you some more works of mine.

By the way: Are there more luggers in Hamburg or northern Germany?

Alex
Hermes_journalist@mac.com

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"El suenõ de la razón produce monstruos." Goya



 

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Replies: Reply from Mark Rabiner <mark@markrabiner.com> (Re: [Leica] Asking permission, KISS & the decisive moment)
Reply from Nathan Wajsman <wajsman@webshuttle.ch> (Re: [Leica] Asking permission, KISS & the decisive moment)