Archived posting to the Leica Users Group, 2013/05/30

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Subject: [Leica] a photographer sued - French rules for visitors ;-)
From: philippe.amard at sfr.fr (philippe.amard)
Date: Thu, 30 May 2013 22:34:38 +0200
References: <CDCCDD17.A6E2%mark@rabinergroup.com> <1E23A5D1-1D30-4B5F-B435-5BC9984602DB@frozenlight.eu> <ED0EE9B9C0FC43B4AE2DA554F505F2E8@billHP> <819FD883-57DE-4475-9F34-571E489FB386@frozenlight.eu>

Le 30 mai 13 ? 21:40, Nathan Wajsman a ?crit :

> As far as I know, in France the laws were tightened following the  
> death of Princess Diana in 1997, since it was widely assumed that  
> the driver was speeding to get away from the paparazzi.


This is what the penal code says (2002)
http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000006417929&cidTexte=LEGITEXT000006070719

In short and from the jurisprudence/case-law resulting from the  
country's highest court(s) :

You can shoot if the person agrees, so far so good.
You can be jailed and fined if you "steal" a photo - up to one year  
behind bars, and over U$60,000.

The same applies for publication.

There are exceptions and the whole thing is linked with the idea of  
"privacy/the right to a private life (civil claims can then be brought):

- Shooting a policeman arresting someone is presumably allowed (no pun  
intended) as it is in the course of his/her official activities AND  
the event can be assessed to be important for the sake of information/ 
public life and protected as such by the freedom of the press acts/ 
bills.
- Shooting the same cop driving back home afterwards is forbidden - as  
she is now a private individual with a recovered right to privacy -  
unless the hero has given you leave to.

The right to privacy becomes extinct on a person's death - with some  
exceptions - as a harm can no longer be suffered.
(morals: keep your Paris negs or files and wait ....)

French PJs will end up being trained lawyers with a camera ;-)

Ph


One sees clearly only with the heart. What is essential is invisible  
to the eye. Antoine de Saint Exup?ry in Le Petit Prince.
NO ARCHIVE






Replies: Reply from hopsternew at gmail.com (Geoff Hopkinson) ([Leica] a photographer sued - French rules for visitors ;-))
Reply from photo at frozenlight.eu (Nathan Wajsman) ([Leica] a photographer sued - French rules for visitors ;-))
In reply to: Message from mark at rabinergroup.com (Mark Rabiner) ([Leica] a photographer sued)
Message from photo at frozenlight.eu (Nathan Wajsman) ([Leica] a photographer sued)
Message from billcpearce at cox.net (Bill Pearce) ([Leica] a photographer sued)
Message from photo at frozenlight.eu (Nathan Wajsman) ([Leica] a photographer sued)