Legal question

[Little John]

Hiya
I posted an image of someone on another forum a few weeks ago. The person who took the photo sent it me by email and has given me permission to use it. Both verbally shortly after she took it and again via email after I posted the image.

The person in the photo is looking at the camera and smiling indicating that she is happy to have her photo taken.

The subject of the photo is now claiming that I required her permission to post/use the photo of her saying that the photo is hers and not that of the person that took it.

She has sent me an email claiming that she can sue me because I used her photo without her permission. She then sent me an email asking for my address and I declined to give it to her. She is now claiming to have a UK Attorney (friend of a friend) looking in to it and to see if there is any chance to take a legal action against me to protect my privacy. She is claiming to have found my address from the UK yellow pages, I'm not sure how as I am not listed in any phone book. And complains that I didn't even apologise to her when she first complained about me posting the image.

I am pretty much certain that I am in the clear over this as I have permission of the owner of the photo, the subject has no say. but if someone can clarify it for me that would be good.

I know I should post in the legal section but LE is away at the moment I think so this is as good a place as any.

Thanks
LJ

[Bodman]

I dont know the legal answer to this but If this was the case then the paparazzi wouldn't be allowed to take photos of anyone.

//Bod

[neo2810]

Hi John,

You are correct. You can take pictures of anyone in a public place as long as they are not in a position where they have an expectation of privacy (public toilet, dressing room, etc, common sense). It obviously common courtesy to get verbal permission to take the pic though.
Once you've taken that shot, you can publish the shot without permission of the subject if it's artistic or editorial in nature, or can be characterised as to inform or educate, then you do not need your subject's explicit permission.
You may need permission of the subject to publish the pic if it or any associated text may be libelous, defamatory, or fall outside of what courts have described as "the normal sensibilities" of the target audience. You also need permission from the subject if the picture is used for commercial purposes, such as in an advertisement.

In your case, the photographer holds the permission slip as such, and as long as you have gained permission from them to publish, and the purpose of the shot is not for reasons stated above, then you're clear.

Here's something useful: http://www.sirimo.co.uk/media/UKPhotographersRights.pdf

[Little John]

Thanks, I thought I was correct.

There are a few things that can muddy the water, I cant believe I didn't post them above.

The photo was taken by a German friend, of an Italian female in Rome. I live in the UK the server is hosted in the US. I assume that I am bound by UK law.

I posted in reply to a question of was this person in Rome. my reply was yes here is a picture. so I am defiantly in the clear.

I look forward to her UK Attorney friend of a friend's response especially if she managed to find my address in the yellow pages.

[[wingnut]]

Would say from the facts given you are in the clear mate and no need to worry, if anyone is to blame it is the photographer.

So what's got her all worked up, show us the photo??

[Little John]

Here she is. not too bad a looking girl I thought.


Who whole story is that she is a seller on ebay called jambopin selling hard rock cafe pin badges, her boyfriend is a guy called marco who also sells pin badges under a few user accounts and they seem to share a few accounts claiming that they are from all over the world other than Rome where they both live. The also schill bid on each others auctions, bid on other peoples auctions with the other accounts they also use that are selling the same items to make them so expensive that no one will buy and then go buy from their auctions.

She and Marco have upset a lot of people in the past but claim they are not doing what everyone knows they are doing, they are very secretive in what they do and just bullshit everyone but the lies are getting so far fetched that they keep tripping up and when asked about things they have screwed up about start slagging people off and starting rumours about others. they are nasty with it. just look at my example threatened with legal action LOL. There is a lot of interest in these 2 people and people try to avoid them so I posted the picture so people would know what she looked like when someone asked if Lucy or Marco were in the Rome hard rock when we went earlier in the month. I didn't say anything else. aparently Marco was outside and Lucy would keep going outside to talk to him. The hard rock cafe staff were so annoyed at Marco with the underhand tactics he used they banned him from the Rome cafe.

[neo2810]

Sounds intruiging... I'm not sure I care what she's done though, I'd give her one!

[Mickey]

SHE is after compo bro
feck her

after a quick buck
cant advise on legal issues as im not the one to ask
but from what you have said, she is in it for money

[burner1]

SHE is after compo bro
feck her

after a quick buck
cant advise on legal issues as im not the one to ask
but from what you have said, she is in it for money

I agree, after a quick buck... and I think she should open her legs to a few blokes if she's serious about raising some revenue

[BFG]

http://www.copyrightservice.co.uk/pr...aphy_copyright

hope this helps...

[Little John]

Thanks BFG, the model release form could be her comeback but the image hasnt been used to show her in bad light or anything just posted so people could put a face to a name.

[BFG]

show her the hairy side and tell her to get a grip - she isn't all that anyhow. j/k

[DB]

Bitch slap the scheming cunt !!!!

Typical fuckin woman!!!