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

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Subject: Re: [Leica] Asking permission, KISS & the decisive moment
From: Mark Rabiner <mark@markrabiner.com>
Date: Mon, 10 Jun 2002 12:59:27 -0700
References: <B92A70BE.A6C9%alexanderbuehler@addcom.de>

Alexander Bühler wrote:
> 
> 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 person on the Fest - it is no historical document and you will have to ask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.
><Snip> 

So are you guys talking German Law?
Was this bigtime lawyer a copyright lawyer?

Because he probably was not and if German copyright law is anywhere near
as complex and unobvious as American copyright law then when you ask
other than copyright lawyers about matters of copyright law you are
going to get bad advice. 

They'll answer according to logic and what seems obviously fair. 
While copyright law seldom follows that criteria.

Mark the Shark Rabiner
Portland, Oregon USA
http://www.markrabiner.com
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In reply to: Message from Alexander Bühler <alexanderbuehler@addcom.de> (Re: [Leica] Asking permission, KISS & the decisive moment)