I'm slightly confused about this...

Discussion in 'Industry News' started by NGH, May 21, 2020 at 2:52 PM.

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  1. NGH

    NGH No longer a newbie, moving up!

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    In a BBC article Grandmother ordered to delete Facebook photos a court has ruled that under privacy rules a Grandmother must take down and pay a fine for using pictures of her grandchildren (after a falling out with the kids mother). Reason being "posting photographs on social media made them available to a wider audience, the ruling said"

    But in another article Ex-McDonalds Worker Gets Getty to Stop Selling Photo of Her Used in Negative Articles a woman who is the subject of a photo on Getty has struggled to stop its use (in generally negative contexts) because it "was being used in editorial coverage, not for commercial purposes

    How do these two rulings not conflict?


     
  2. 480sparky

    480sparky Chief Free Electron Relocator Supporting Member

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    Different countries.
     
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  3. limr

    limr Moderator Staff Member Supporting Member

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    I would also say the ages of the people in the photos makes a difference as well.
     
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  4. Soocom1

    Soocom1 Been spending a lot of time on here!

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    Politics.
     
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  5. Jeff15

    Jeff15 TPF junkie!

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    The law is an ass.......
     
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  6. weepete

    weepete TPF Supporters Supporting Member

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    Yeah, the first is Dutch and the second in the USA. The GDPR can take precedence in Europe as (as far as I'm aware) photographs can be considered personal data, though it's conditional on the person being identifiable through other information. Photographs themselves are not automatically personal information. I suspect the judgement could be overturned on appeal, but it will depend on the laws in The Netherlands.

    I'm pretty sure most of the public would rather have control of their own image in the modern age and I suspect there will be mission creep in Europe. I suspect we will see more decisions from courts in Europe like this. In the UK we've been conditioned by years of fear and mis-interpretation of the law by public bodies, schools, even the police took years to catch up. When my daughter was at school it was common to ban photography under the auspices of data protection, and that was before the GDPR.

    The USA has stronger protection of freedom of expression, so I suspect that will continue. In the UK it will depend on the interpretation of the law. As far as I'm aware it doesn't change things much but one bad call in court could set a precedent. It's no longer as simple as public place means no expectation of privacy in Europe.
     
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  7. Derrel

    Derrel Mr. Rain Cloud

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    Different laws, different judges,different jurisdictions, different circumstances, different rulings.
     
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  8. compur

    compur Been spending a lot of time on here!

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    They look very similar to me. How do you see them as conflicting?
     
  9. vintagesnaps

    vintagesnaps Been spending a lot of time on here!

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    Did the woman sign a release for Getty to have used her photo in various ways? I'm wondering if they had permission for usage (in the US).

    It's unfortunate the first situation seemed to have been due to a family conflct, but as mentioned laws are different in different countries.

    And Petapixel's editor, whose background is not in journalism/media, tends to rewrite info. from elsewhere; I've read articles on their site that are sometimes incomplete or less than accurate. You might want to look at the original source of information.
     
    Last edited: May 21, 2020 at 10:43 PM
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  10. NGH

    NGH No longer a newbie, moving up!

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    Well one upheld the subject of the photo's 'privacy'; the other upheld the photo's owner to sell and share the image despite the subject of the photo's 'privacy'
     
  11. NGH

    NGH No longer a newbie, moving up!

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    Thanks for the responses as always I guess in these things each case has it's own merits and as some of you say different countries see things in different ways. Either way, things are changing in this area is seems
     
  12. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    Don't forget the court ruling on the family issue is likely more complex than purely photographic rights to image use. Family cases can get all kinds of vindictive and messy and complicated and sometimes what can appear an odd ruling in regard to one set of laws is done because of other laws being brought in from other areas. There's also aspects of mediation and resolution that can come into play.
     
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