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Why is Ireland living in the Dark Ages ?

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  • 17-11-2008 5:04pm
    #1
    Closed Accounts Posts: 1,398 ✭✭✭


    I read this
    6.Taking photos in private spaces

    That new ten-megapixel camera fits right into your pocket - it’s perfect for those unforeseeable moments at lunch, in the pub or out and about. But wait, you’ll have to keep that camera shackled. When you are in a ‘public space’ - and that means shopping centres, restaurants, cafes or bars - you are not allowed to take photographs without permission from the building’s owner. Alas, the burly security guard who ‘‘doesn’t like the look of you’’ is right on this one.

    What about the street ? Its a 'public space' ! How does that effect street photographers ?


«13456

Comments

  • Registered Users Posts: 3,878 ✭✭✭whyulittle


    But sure you've said it yourself. The difference is between private and public spaces. He didn't say you can't take photos on the street.


  • Registered Users Posts: 6,676 ✭✭✭DaireQuinlan


    2. Posting pictures on Flickr

    Suppose you’re out and about and see a child frolicking in a fountain. Or perhaps a homeless man painting a mural. Or even a newly-married couple kissing. It is against data protection law to upload those images to your Flickr, Facebook or blog accounts. Those images are the personal data property of the subjects involved and explicit permission must be attained prior to uploading them.

    ??!? This is, afaik, completely untrue. Not only can I upload them to flickr, I can do off a bunch of prints, hold an exhibition, and even SELL the things without once even INFORMING the people involved that they're involved, let alone granting them rights with regard to the work. Or is my understanding completely skewed in this regard ????!?


  • Closed Accounts Posts: 1,398 ✭✭✭Phototoxin


    But what how is the street different from a shopping centre? What about taking photographs from the street of a 'public space' ?


  • Registered Users Posts: 6,676 ✭✭✭DaireQuinlan


    Phototoxin wrote: »
    I read this

    What about the street ? Its a 'public space' ! How does that effect street photographers ?

    They're (perhaps deliberately) confusing the terms here. There's a lot of private property thats currently being sort of re-branded as 'public space' by gentle and caring developers and corporations. The 'Square' in the new 'Dundrum town centre' for example is a case in point. Its been given all the trappings of a 'town centre', and some effort has been made to appropriate the terminology (I actually cringe when I hear it refered to as 'dundrum town centre' on the Luas) in order to try and grab all those warm homely associations that we all have. Most decidedly a private space though, try demonstrating there, or taking pictures after someone in authority tells you to stop.


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    Feics sake, that's all kinds of wrong. It's arse-ery like that that gives do-gooders and power tripping security guards the idea that they can stop you taking a photo. A public space is a space such as a street, park, etc. Private property is indeed a shopping centre, cafe, and so on. Secondly, take photos until you're told to stop. Deliberate sensationalism tbh.

    You can upload whatever you want to Flickr - As Daire said, you can do what you want, hell, call it art and you don't even have to tell those involved - As long as you've got an argument between art and commercial usage. Permission my arse. If you can see them from a public space, go for it. Just don't sell the images to Vodafone for their next advertisment campaign.


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  • Registered Users Posts: 2,657 ✭✭✭trishw78


    ??!? This is, afaik, completely untrue. Not only can I upload them to flickr, I can do off a bunch of prints, hold an exhibition, and even SELL the things without once even INFORMING the people involved that they're involved, let alone granting them rights with regard to the work. Or is my understanding completely skewed in this regard ????!?

    Afaik if your doing it for documenting proposes and/or artist purposes it's ok, but if your using the image in a commercial sense i.e. to sell something. then you need your model release forms to be signed


  • Registered Users Posts: 588 ✭✭✭andrewh5


    trishw78 wrote: »
    Afaik if your doing it for documenting proposes and/or artist purposes it's ok, but if your using the image in a commercial sense i.e. to sell something. then you need your model release forms to be signed

    Not completely correct. If you are commissioned to take a portrait or wedding shoot then the copyright belongs to you as the photographer or the photographic studio you work for if you are employed by one. If that studio then decides to use a shot to advertise their work they are completely within their rights to do so.


  • Registered Users Posts: 1,857 ✭✭✭superflyninja


    earleir i nthe year I lived in the IFSc and was walking home from a shoot one evening (not taking photos) and a security guard advised me not to take any photos. Even though I was in the open air(near georges dock).and to be fair the guard was nice about it but I hadnt realised open public places were not fair game. Ive been told not to take photos in the illac shopping centre because of"security issues"....


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    The IFCS is all private property as far as I know, and the Illac centre would be too.
    Not completely correct. If you are commissioned to take a portrait or wedding shoot then the copyright belongs to you as the photographer or the photographic studio you work for if you are employed by one. If that studio then decides to use a shot to advertise their work they are completely within their rights to do so.

    Indeed!


  • Registered Users Posts: 588 ✭✭✭andrewh5


    earleir i nthe year I lived in the IFSc and was walking home from a shoot one evening (not taking photos) and a security guard advised me not to take any photos. Even though I was in the open air(near georges dock).and to be fair the guard was nice about it but I hadnt realised open public places were not fair game. Ive been told not to take photos in the illac shopping centre because of"security issues"....

    He can stop you taking pics of the building he guards but he cannot stop you taking other pics. I would have asked him what authority he had to stop you in a public place and then carried on.


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  • Registered Users Posts: 1,857 ✭✭✭superflyninja


    Fajitas! wrote: »
    The IFCS is all private property as far as I know, and the Illac centre would be too.



    Indeed!
    fair enough the illac centre. but the entire ifsc is?


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    As far as I know, yep. They bought the whole area - That said, feel free to stand on the footpath outside and shoot away, just don't be suprised if the Gardai are called. A friend of mine was moved from there for sketching. Something to do with terrorism. I lol'd.


  • Registered Users Posts: 5,118 ✭✭✭nilhg


    It all comes down to the difference between "open public space" and "space open to the public" and knowing exactly where you are before you stand up for your rights.

    IIRC there was a thread a while ago about Lough Dan which teased out this subject quite well.


  • Registered Users Posts: 1,857 ✭✭✭superflyninja


    Fajitas! wrote: »
    As far as I know, yep. They bought the whole area - That said, feel free to stand on the footpath outside and shoot away, just don't be suprised if the Gardai are called. A friend of mine was moved from there for sketching. Something to do with terrorism. I lol'd.

    jeepers.....that is insane.there are more interesting places to tak photos anyway...the amount of places off limits though did surprise me though.


  • Closed Accounts Posts: 1,398 ✭✭✭Phototoxin


    As far as I know, yep. They bought the whole area - That said, feel free to stand on the footpath outside and shoot away, just don't be suprised if the Gardai are called. A friend of mine was moved from there for sketching. Something to do with terrorism. I lol'd.

    Those sketchpads can be deadly weapons in the hands of a trained jyhadist..


  • Registered Users Posts: 4,080 ✭✭✭sheesh


    they are not off limits just you might be asked to stop taking pics jesus every night people go out to party they bring a camera either a compact digital one or on their phone and they are clicking away.

    My top tip dress like you a little mentally unhinged and will throw some sort of emotional fit if security interact with you in any way everyone hates to make a grown man cry :D well apart of a few women I could mention:(.

    there were a couple of things that were incorrect in that list and a couple of things that just would not happen.
    I know for a fact that you do not have copyright over your own image.
    that its is legal to copy music onto your ipod. Except in Australia where it is specifically stated in legislation that you cannot make any copies.


    'In my opinion' that is crap journalism :D


  • Registered Users Posts: 6,676 ✭✭✭DaireQuinlan


    sheesh wrote: »
    that its is legal to copy music onto your ipod.

    Oddly enough, that one is actually true. There's no such thing as 'fair use' in this country, so it is in fact, legally, a breach of copyright to rip CDs to MP3 or whatever. The UK IIRC is different. They have that 'fair use' enshrined in their common law, so you can make backups, copy to different devices, etc etc.


  • Closed Accounts Posts: 3,185 ✭✭✭asdasd


    They have that 'fair use' enshrined in their common law, so you can make backups, copy to different devices, etc etc.

    If they have it in common law why dont we?


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    We have a Fair Use law, but it's quite different from the UK, afaik.


  • Registered Users Posts: 6,676 ✭✭✭DaireQuinlan


    Fajitas! wrote: »
    We have a Fair Use law, but it's quite different from the UK, afaik.

    Yeah thats true, academic use of images/copyrighted text, excerpts from books for reviews and the like. I think thats what you mean right ? Nothing like the above (cd -> ipod ) usage though.


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  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    Yep, that'd be it.

    The educational fair use element (along with a critical review element hidden someplace else) is quite interesting.


  • Registered Users Posts: 2,368 ✭✭✭Fionn


    i dont understand these security people at all - it's just an ego trip for most.
    heres a good essay on the whole subject and how ridiciluous it is

    :)


  • Moderators, Education Moderators, Music Moderators Posts: 10,686 Mod ✭✭✭✭melekalikimaka


    i think it becomes a grey area, when you share or publish an image dipicting a person, recognisable, ie face showing in a way that defames his character or such no?


  • Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    i think it becomes a grey area, when you share or publish an image dipicting a person, recognisable, ie face showing in a way that defames his character or such no?

    Any image taken in a public place is usable. There are no privacy laws for people in public, in Ireland.

    In general, stock sites and such want a model release, but from all I've read and seen, they are not needed, unless you want to use the image commercially.

    However, if you use an image in a way that defames someone, then they can claim defamation of character. This is separate to privacy and copyright issues, and applies to everything. I'm not sure how you could defame someone, unless you alter the image.


  • Registered Users Posts: 7,110 ✭✭✭Thirdfox


    Defamation is quite possible - guy walks by a porn shop and you snap a photo of him walking by... turns out the guy is a local priest in charge of children etc. etc. that photo would certainly convey a false image of actuality... or in the Irish Times defamation case - you take a photo of someone holding a sign defaming someone else e.g. "Brian Cowan is a paedophile" - you can be sued as a joint party for publishing the defamation. Though everyone knows that photographers are poor so you probably won't be sued :D


  • Registered Users Posts: 7,110 ✭✭✭Thirdfox


    I do wonder though at Fajitas' comment about taking photos until you are told to stop - I assume that you had no constructive knowledge of the illegality of your actions or are you saying to break the law until you are caught? e.g. a shopping centre has a sign saying "no photography allowed" but you deciding to snap away until a guard stops you...

    In that instance I think they may be within their rights to ask you to delete the photos taken (since they were taken illegally) or at the extreme end (if you don't comply) seek a court injunction to get it done (unlikely I suppose but I feel it's better to stay within the confines of the law or lobby for change if you feel the law is unjust). If I knew a place was likely to forbid photography I certainly wouldn't snap away until someone in charge tells me to stop.

    Ignorance of the law is no defence!

    As for surprise that many places are protected - well that's what copyright/privacy law is all about. I remember that guards from a certain college told me no tripods were allowed in the university (I was shooting photos for the student union so they relented) but most of the buildings in that campus were copyrighted and of course I was on private grounds too. Before anyone labels me a hypocrit for taking photos on private grounds - I had already asked for permission from the authorities before taking the photos :P

    As for work for hire copyright e.g. photo-studio/wedding photographer - this is the US law but I'm guessing Irish law isn't too different:
    The definitional section of the Copyright Act defines a "work-made-for-hire" as (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audio-visual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a "work-made-for-hire."
    So the photo studio employee doesn't have copyright over his/her photos that they take while working for the studio (and our professor warns that even photos taken in spare time could potentially be owned by the employer - he gave the example of a scriptwriter writing scripts during out of office hours but the film company taking those rights) and the wedding photographer is the second scenario where s/he is commissioned to do a piece of work and copyright vests in him/her unless contracted out... and even in that case with the licensing of the copyright of the images the moral rights of the original author have to be taken into account (unless contractually waived).

    :P a little copyright 101 for you guys (guess what law subject I'm taking right now ;) )


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    Thirdfox wrote: »
    I do wonder though at Fajitas' comment about taking photos until you are told to stop - I assume that you had no constructive knowledge of the illegality of your actions or are you saying to break the law until you are caught? e.g. a shopping centre has a sign saying "no photography allowed" but you deciding to snap away until a guard stops you...

    If there's a sign outside, then obviously, it's a different story. Tbh, I've not seen any signs in any Irish shopping centres restricting photography.
    In that instance I think they may be within their rights to ask you to delete the photos taken (since they were taken illegally) or at the extreme end (if you don't comply) seek a court injunction to get it done (unlikely I suppose but I feel it's better to stay within the confines of the law or lobby for change if you feel the law is unjust). If I knew a place was likely to forbid photography I certainly wouldn't snap away until someone in charge tells me to stop.

    No, the images are yours. You own them. Their rights do not cover the destruction of your property. If they want to go to court over it, then go for it.


  • Registered Users Posts: 1,857 ✭✭✭superflyninja


    Fajitas! wrote: »
    I've not seen any signs in any Irish shopping centres restricting photography.
    ditto for me not seen any signs.
    in jervis though Ive seen lots of people with dslrs taking photos of the christmas decorations and not a word said to them. I evne brought my camera(complete with big lense and hood) and nobody told me stop. a security guard was just 3 feet form me and i didnt get a second look.


  • Registered Users Posts: 16,624 ✭✭✭✭Fajitas!


    I think that's the most infuriating thing. Especially people with P&S's not having any problems.

    If there's a rule for the space, put a sign up, and enforce it equally.


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  • Registered Users Posts: 1,857 ✭✭✭superflyninja


    Fajitas! wrote: »
    I think that's the most infuriating thing. Especially people with P&S's not having any problems.

    If there's a rule for the space, put a sign up, and enforce it equally.
    yup people with p&s cameras get away with murder.......maybe people with dslrs are seen as taking commercial shots.....


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