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Photo Copyright (kinda) question

2»

Comments

  • #52
    ozymandius
    Registered Users, Registered Users 2 Posts: 202 ✭✭ozymandius


    Just read the other thread on Legal Discussions. Utterly exhausting. And despite all the fluff about ECHR the key point in that finding was conveniently overlooked -
    ... not all photographs taken in a public are necessarily protected unless an individual is very clearly identifiable and there is a reasonable expectation of privacy and there is no public interest.

    In fact, according to another finding by the ECHR (2004, Princess Caroline of Monaco), even if there is a Public Interest there exists for public persons a 'portable sphere of privacy', unless at a public event, etc.

    Anyway, this topic has nothing to do with privacy - it's about retaining ownership to one's IP and Copyright Law protects that.


  • #53
    jaybeeveedub
    Registered Users Posts: 275 ✭✭jaybeeveedub


    and ECHR decisions are not binding on Irish courts, they must merely take judicial notice of decisions, and where possible construe measures in accordance with the convention....

    so not much more persuasive than the UK courts.....


  • #54
    robertbarry
    Closed Accounts Posts: 74 ✭✭robertbarry


    The subject has rights. The photogragh can not be used commercially without a model release being signed and in some instances a property release must be signed.


  • #55
    robertbarry
    Closed Accounts Posts: 74 ✭✭robertbarry


    It depends on the subject really and the law applicable in various jurisdictions


  • #56
    melekalikimaka
    Moderators, Education Moderators, Music Moderators Posts: 10,686 Mod ✭✭✭✭melekalikimaka


    robertbarry wrote: »
    The subject has rights.

    only an issue where defamation or slander might become an issue tbh. the subject doesnt really have that many rights after that.


  • #57
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    robertbarry wrote: »
    It depends on the subject really and the law applicable in various jurisdictions

    The jurisdiction is Ireland. The images were taken at an event. The images are being used on the event website.

    The photographer is in the US.

    So, considering all that, I can't see the OP having any case at all, and the photographer has absolutely 0 obligation to provide an image.

    The subject is definitely not being defamed.


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