At 12:04 AM 9/27/98 +0000, you wrote:
>Ah yes, but Garth, who does such a wonderful job of providing the
>gallery, would rather that permission be obtained so I am respecting
>his wishes.
>
>"If the pictures you have taken are of people, either indicate to us
>that the picture is truly public-domain, or that you have permission
>from the model(s) to release their pictures."
Had to weigh in on this one, Giles. (Yeah, yeah, I'm back from vacation early
-- don't bug me, folks... :-)
"Public-domain" can also mean that you shot the picture in a public location,
and thus anyone who is in that public location, at least in common-law
countries, is implicitly giving you permission to take an image of their
likeness. (I went over this one point rather extensively in my law classes at
the University of Alberta -- natural interest, I guess.) It would be
different, for example, if you took a picture in a controlled-access venue
(say, a concert) where admission was charged. Then you *don't* generally have
the legal right to capture someone's likeness and then post it wherever.
>I think the Net is making such issues quite complicated. Does Irish
>law apply - where I and the subject reside - or does Canadian law
>hold sway given that the Gallery is based there?
The short answer is, "No one really knows." Transjurisdictional questions are
making life *very* interesting for lawmakers worldwide who apply their art to
the Internet.
>Anyway, the Irish seem to have adopted the letiginous nature of the
>USA and I am not sure what the position is with regard to copyright
>here so I don't think I want to take a risk unless I am certain of
>what the position is with regard to Irish law.
It's *always* polite to ask. It's not always *required*. I'd suggest you surf
the Web (for a start) on personal property issues regarding images of people in
public places, with specific reference to Ireland, if that will make you more
comfortable.
Garth
P.S.: No, I never became a lawyer -- I liked the study of law, but the
practise of law turned me off.
"A bad day doing photography is better
than a good day doing just about
anything else."
The Unofficial Olympus Web Photo Gallery at:
http://www.taiga.ca/~gallery/
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