EU SAYS INTERNET PICTURES BELONG TO YOU!!

Discussion in 'Ethics and Philosophy' started by Peter Schrager, Aug 8, 2018.

  1. Peter Schrager

    Peter Schrager Subscriber
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    Just read this that the EU decided in favor of a photographer whose photo was taken and posted on a school website must get paid
    Time to move to europe!
     
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    Peter Schrager

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    Sure somewhere here can find the link...
     
  3. Eric Rose

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    So to in Canada.
     
  4. faberryman

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    Unsurprising result.
     
  5. AgX

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    This is no news at all. The german legislation on this is 111 years old...

    I guess the issue in this case arose on the term "publication". The user of the respective photo, a public school, seemingly argued that uploading on their school's website was no publication in the meaning of the law.

    (Even here at Apug often the idea is uttered that non-commercial use of a protected photo is generally legal.)

    As the school did not publish the photo directly, but as part of a student's work maybe this was argued on too.
     
    Last edited: Aug 8, 2018
  6. slackercrurster

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    Yes, but from what I understand, in the EU you are not supposed to take photos of people in public and post on the net. If that is true, not good for street photogs.

    If you need free images for your project, check with Wiki Commons, The Internet Archive, Europeana or Open Clip Art Library . They have millions and millions of free high res images. Pixabay is a truly outstanding site and has some really amazing photos…all for free.
     
  7. AgX

    AgX Member

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    Street photography as typically understood is illegal in Germany since 111 years.

    No outcry by photographers all those years...


    (The moment a person no longer is part of a large group, or just kind of add-on to a scene, and few other restrictions publication of such photograph needed permission of such person since 1907. Very recent legislation even prohibits the mere taking of a person in distress. So much for Germany.)
     
    Last edited: Aug 9, 2018
  8. If one needs photographs for a project, how about getting off of one butt and taking their own photographs. It is not rocket science.
     
  9. Ian Grant

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    This isn't new, it's always been the case.

    The issue is some photo sharing websites have hidden clauses in their user agreements implying anyone posting images gives up their rights. I know Facebook had to change their policies in this regard but I've no idea about other sites.

    Ian
     
  10. AgX

    AgX Member

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    I too am amazed that the case went that high, as to me it seemed a clear case.
    Since the introduction of german author's right legislation it was clear that publication of a work does not mean that it is free to grab and re-publish.

    I hope that really tricky cases now not all will end at EU High Court.
     

  11. Even before I had a photo stolen from APUG, this was the reason that I would not use any of the "photo storage websites" which I considered "photo stealing websites".
     
  12. slackercrurster

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    Now, the EU'ers will have to come to USA sources to get fair use photos.
     
  13. AgX

    AgX Member

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    "Fair Use" is an american legal concept too...

    (Maybe the school/defendant in this case thought of such, though the court's comment does not hint at this. And we do not have such concept here either.)
     
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