summicron1
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II. Criminal offences relating to violations of privacy.
The offences which relate to violations of privacy derive from the Act of Parliament of 17 July 1970; as amended in 1994, they now constitute articles 226-1 to 226-9 of the new Penal Code. Under article 226-1 of the Penal Code it is an offence, intentionally and by means of any process whatsoever, to infringe another’s privacy:
1. By receiving, recording or transmitting, without the consent of their author, words uttered in private or confidentially;
2. By taking, recording or transmitting, without his or her consent, the picture of a person who is in a private place.
In both cases, therefore, the offence requires the absence of the person’s consent, and such consent is presumed where the recording or the taking of the picture takes place in a meeting and openly and publicly. The purpose of article 226-1 is to curb the behavior of the paparazzi.
By virtue of article 226-1.2, privacy is not protected where the violation is committed in a public place.
There's a lot of talk about how French law regarding photography would differ from what is in place in the rest of the world. When somebody happens to actually cite a norm, it turns out that it is just like exactly in the rest of the world.
Regarding your Eiffel photos:
"According to the Civil Code, only the owner has the right to use his property in any form whatsoever. However, after many trials abusive jurisprudence believes that "the ownership of a property situated in the public domain and exposed to the view of all does not authorize the holder to oppose the exploitation of image of the property, but can only act against abuse and damaging the image. "
Shoot with a beautiful camera.. ? I go out with my FE or Rollei.. So people are very curious on the camera and come to me. It's a great segway for me to ask to take thier picture. Either a street portrait, or the activity they are engaged in.
Todd
The Internet has made everyone absolutely terrified of having their photograph made in public. They don't know what's going to be done with it and who's going to see it and what people might think of them. All they know is that it scares them to death, makes them angry, and damn it they're calling the police right now.
Of course, after the police arrive and leave they then spend huge amounts of time pointing their smartphone cameras back at themselves to record selfies about what just happened, then instantly post the resulting pictures all over the Internet for everyone in the world to see. Look at me... look at me...
The irony eludes them completely.
Ken
I've been trying to work up the cajones to photo unsuspecting strangers, but it's not happening. I can see it working in NYC, but here it just seems incredibly rude and unnecessary. Best I can muster is going to big events / public festivals and practicing getting shots in that way. The only "run-in" I've had was with a busker who wanted a donation first.
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