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Image use question

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Old 24th Sep 2006, 21:03
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Coppula eam se non posit acceptera jocularum
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Question Image use question

Question concerning something happening on another (less well moderated!) site that Mrs ES frequents.

Photograph of somebody taken and placed on forum. Person complains that they do not want this photo on forum, especially where photo appears in subsequent thread. As a complication, photo sometimes photoshopped in a derogatory manner. Is an offence or actionable tort (UK law) being committed or is it, as I suspect, tough luck? Or rather, my best guess is that tough luck with regard to the original, although one might be able to pursue the photoshoppers, except that would be such a hydra headed exercise only an obsessive would bother.
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Old 24th Sep 2006, 21:27
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Wouldn't like to comment on the derogatory part, but possible infringement of copyright usually owned by person who took picture.
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Old 27th Sep 2006, 14:06
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being on the net in the uk doesnt abslove anyone from uk law. the usual law/s applies to net just as in the real world.
the trouble is of course, enforcing it. virtually impossible. esp if the accused is 12000 miles away.

better to try the forum moderator/webmaster to remove the offensive material. most decent sites will comply.
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Old 27th Sep 2006, 16:56
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Frostbite has it in one. Now for a "model" or commercial shoot, (though I still largely stay with Airfix) you would need a Model release form to effectively sign away their rights to the photographer who still holds copyright. I think that for commercial premises, locations etc. that they also have rights which border onto and maybe into intellectual property rights. It is a grey area in which m'learned friends would throw much enlightenment (God - Did I really say that?) and at a cost to knock your socks off no doubt.

The first and most valuable tool however, is common courtesy and it is free too. If anybody objects, then an apology and the removal of any images from wherever specified, will hardly ever fail to do the trick.

Conan
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Old 30th Sep 2006, 12:26
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I think a "Model Release" is not required if the Photo is used for "News" Purposes, ie in the public interest. Thats how the Tabloids get away with it.
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