Here we'll explore the nexus of legal rulings, Capitol Hill
policy-making, technical standards development, and technological
innovation that creates -- and will recreate -- the networked world as we
know it. Among the topics we'll touch on: intellectual property
conflicts, technical architecture and innovation, the evolution of
copyright, private vs. public interests in Net policy-making, lobbying
and the law, and more.
Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.
In the Boston area?: Join us on June 11 for Startups and the Cloud, a free event on cloud computing with insights from Intuit founder Scott Cook and others
Generally, the law assumes that people control images of themselves. There are some exceptions, such as for public figures, crowd shots, public places, events of public interest, and so on. But I've always thought that the principle in US and most Western law systems is that you get to say "That picture is me" and exert some control over it.
Except that photos aren't just intellectual property. Among other things they're means of identification. Passports, for example, contain photos and there are some restrictions on what counts as a legitimate (legal) passport photo in the US. Even if you follow the law you may not be in the clear. A friend of mine recently traveled to Puerto Rico and had some serious hassles with US Customs for failing to look like her passport photo, including the memorable line "Well, you shouldn't have cut your hair." No, really.
Over in the UK, they've been accepting digital photographs of citizens for identification cards. However, people don't necessarily take the best digital photos and, according to The Reg story, the UK Passport Service is starting to wrestle with the maleability of the digital image.
The sequence apparently goes something like this - you take a digital pic that you think is you and submit it as a passport pic. It gets rejected. So you pop it into Photoshop or your favorite equivalent and touch it up a bit. Apparently, this is now frowned upon. So one is left to wonder precisely which photo-enhancing operations are legal, illegal, and which make a "you" image "not you" or vice versa.
I'm no photo wizard, but I regularly touch up digital shots for myself and friends - fixing light and color balances, sharpening features, blurring out unwanted intrusions into the frame, removing redeye. It's all still pictures of them, right? Maybe, maybe not. And if it's not a picture of that person any longer, who has what rights to the image's use?
I remember, a few years ago the US immigration officials ordered me to shave, because my passport picture didn't have a beard. Being a foreign national, I had no other choice if I wanted to enter the US.
Since then, I god a new passport with a heavily edited digital picture of me. Since I printed it out on a photo paper and cut it to the appropriate size, I don't think anybody realized the picture hasn't been taken by one of the oversized Polaroids.
I got my passport photo rejected as well, a one taken at a photo booth. Then a buddy of mine found this website: www.epassportphoto.com for making passport photos and it worked simply like a charm
Well actually the law on photographs is a little more complex than your statements would suggest. In Australia and Great Britain there is a concept along the lines "there is no right in a spectacle". Using this principle the law allows pictures to be taken of any person in the public and the property in that picture is property according to the various copyright legislation in the jurisdiction.
How else would the papparazzi operate?
THere have in recent years been various attempts at restraining the sale and use of photographs of other people and with the exception of distasteful pictures of people taken without notice all of those attempts have failed.
As I said, there are generally exceptions in Western law for crowd shots and events of public interest. I don't think this changes the point of the post.
1. Jozef on January 27, 2006 5:55 PM writes...
I remember, a few years ago the US immigration officials ordered me to shave, because my passport picture didn't have a beard. Being a foreign national, I had no other choice if I wanted to enter the US.
Since then, I god a new passport with a heavily edited digital picture of me. Since I printed it out on a photo paper and cut it to the appropriate size, I don't think anybody realized the picture hasn't been taken by one of the oversized Polaroids.
Permalink to Comment2. Sheldon on January 28, 2006 7:44 AM writes...
I got my passport photo rejected as well, a one taken at a photo booth. Then a buddy of mine found this website: www.epassportphoto.com for making passport photos and it worked simply like a charm
Permalink to Comment3. ACS on February 1, 2006 5:52 PM writes...
Well actually the law on photographs is a little more complex than your statements would suggest. In Australia and Great Britain there is a concept along the lines "there is no right in a spectacle". Using this principle the law allows pictures to be taken of any person in the public and the property in that picture is property according to the various copyright legislation in the jurisdiction.
How else would the papparazzi operate?
THere have in recent years been various attempts at restraining the sale and use of photographs of other people and with the exception of distasteful pictures of people taken without notice all of those attempts have failed.
Permalink to Comment4. drwex on February 2, 2006 4:38 PM writes...
As I said, there are generally exceptions in Western law for crowd shots and events of public interest. I don't think this changes the point of the post.
Permalink to Comment