转推:偶遇梦碗粥

几年前列治文渔人码头发生过小女孩被海狮咬住拖下水,被人传视频到youtube,后来小女孩家长要告拍摄者。律师说难,有两种情况可以告,一是有谋利二是涉及隐私。
 
最后编辑: 2019-09-23
是否侵害肖像制作专有权,取决于制作人在制作时是否取得了肖像权人的许可,未经许可进行制作的——即使是以私藏为目的,不会侵害肖像权人直接的利益,那么,同样构成侵害制作肖像的专有权。以摄影人来说,你只要拿着相机对准了自然人进行肖像摄影,如果肖像权人不同意而强行拍照,就是一种侵权行为。
我就是要侵她的权,求她起诉我。
 
大错,公众人物是指行使公众权利或展示公众形象才适用,不是说公众人物就没有肖像权隐私权。比如孟在做报告,出席活动,你随便拍没事,但如果是她私人生活时和男人亲热,她就不再是公众人物,只是普通公民,你未经允许,就是偷拍。
paparazzi 多了去了。真正懂法的人就要敢于违法,玩弄法律。守法太容易了,犯法而不被追究才是牛逼。


 
拍别人照不违法,未经同意发行这些照片属侵犯隐私。
When can someone take pictures in public?


Individual privacy rights are an important point of law, but so is your freedom to take a picture. The two often collide, so photographers and subjects should know their rights.
You can take photos of almost anything or anyone in a public space, but what you do with them raises larger questions of privacy, compensation, and more.
Most simply, if you’re taking photos for your own albums and not publishing or selling them, you can snap just about anything out in public. It’s more complicated when you take photos of people though.
Firstly, anyone in your photo should be out in public as well. If you’re in a public space but your telephoto lens can see into someone’s bathroom window, you’re violating their reasonable expectation of privacy.
People don’t have that same reasonable expectation when they’re out in public. But it doesn’t mean they forfeit any right to privacy.
Generally, you don’t need someone’s permission just to take a photo, but you will need their consent if you’re planning to sell or distribute it anywhere.
In 1998, the Supreme Court of Canada made a landmark decision in a case where a Quebec woman sued a magazine for publishing a photo of her taken in a public spot without her permission.
The court agreed the magazine violated her privacy and saying, “the fault lay not in the taking of the photograph but in its publication . . . since the respondent was in a public place when the photograph was taken, that act alone could not be considered an invasion of her privacy. However, the unauthorized publication of the photograph constituted an infringement of her anonymity, which is an essential element of the right to privacy.”
She was awarded only $2,000, since the photo’s publication didn’t injure her in any way. But the ruling established some important considerations on public photography and privacy rights.
Another important conclusion from that case is that you don’t need consent from bystanders, crowds, or people “incidental” to the photo.
If you’re taking a photo of at a hockey game or of the CN Tower for example, you don’t have to try cropping out anyone else who might be in the frame. The court considers them “an anonymous element of the scenery, even if it is technically possible to identify individuals.” The important concern is that they aren’t the focus of the picture.
But if a person is the subject of your photo, they’re prominent and identifiable, and you plan to publish, distribute, or sell that shot, play it safe and get their consent.
 

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