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Mobile Blogging legal issue

     
11:42 am on Oct 5, 2005 (gmt 0)

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MoBlogs are quite big right now, but seeing as the person/people in the photos are generally strangers.... is it legal to then publish these pics on a website without their permission?

Lets say i took a photo of a man walking his dog, i dont know the man and i havent asked for permission, is this ok?

9:48 am on Oct 6, 2005 (gmt 0)

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It depends on the country in question.

In the UK - that would be legal provided the person is an adult, as the photographer owns the copyright - when a minor is used, then you need a signed form from the legal guardian.

However, in France - people have a right to privacy and they can prevent your using unauthorised photos.

Other countries will vary as well.

10:00 am on Oct 6, 2005 (gmt 0)

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Let me just point you to our disclaimer in this forum charter: [webmasterworld.com]

Disclaimer:

The comments are strictly the personal opinions of individual members. As always, if you have serious questions regarding your copyright rights, appropriate counsel should be consulted. The comments of WebmasterWorld members, moderators, and administrators are not legal advice; such advice should be sought only from a qualified legal professional in your jurisdiction who can review your facts and circumstances in detail.

12:52 pm on Oct 6, 2005 (gmt 0)

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With engine's disclaimer in mind, I'd add that the way the photo is used often makes a difference. If the photo is a general news-type shot, there's usually more latitude than if the use is commercial (e.g., as part of an ad). The caption can make a difference, too. A photo of a man in front of a building might be fine if the caption is, "No crowds at store opening", but not so fine if it is, "Serial killers look like normal people."
10:31 pm on Oct 6, 2005 (gmt 0)

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It's also my understanding that if you use a recognizable picture of someone for any kind of commercial purpose, you need to have their explicit permission.