Trust the French :-)
----- Original Message -----
From: "Manuel Viet" <oly@xxxxxxxxxx>
To: <olympus@xxxxxxxxxx>
Sent: Saturday, 18 June, 2005 07:25 AM
Subject: [OM] Re: This will scare you
>
> Le samedi 18 Juin 2005 08:29, James Royall a écrit :
> > On the subject of restricting what we can take pictures of, does anyone
> > know what those French have done recently in passing a new law to give
> > more rights to those whose picture is taken?
>
> Sadly enough, your picture of the situation is mostly true, with the small
> restriction that it's not the result of a « new » law, but the very
extensive
> interpretation of the old "individual rights" (as they were established
back
> in 1789) as a whole.
>
> So, to put it shortly : if someone can be recognized on a picture, you
have to
> settle a contract with him to make any kind of public display of the
picture,
> by any mean. And this contract has to be limited in time, so you can use
the
> picture for xx years. The risk of not setting a time frame with the model
is
> that the model can retract it's authorization at any time afterward,
because
> there's in french civil law a prohibition of perpetual contracts, so if no
> time frame is agreed upon at the beginning, any of the contractor can
break
> the contract at will with minor obligations later on, without any fault.
>
> Finally, a true (and judicial) story which ended by a civil trial, where
the
> photograph lost his case : once upon a time in 1968, a photograph did a
cover
> for Paris Match of the events which where then happening near the Sorbonne
> University. In 1998, Match published an article for the "birthday" of
those
> events, illustraded with pictures of the 1968 article. One of the
protester
> depicted 30 years sooner sued the magazine and the photograph. And won.
>
> We call that « droit à l'image ».
> --
> Manuel Viet (lawyer).
>
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