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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