Will Doobie win his court case?
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The Elfoid
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Surprise Wights will crawl out of the water in the form of surprise whitnesses, and all will cower at Doobie's ownage. He can't lose.
http://theramblingelf.tumblr.com/ - my blog
Hmmm... No law against taking pictures of people in public in this country (New Zealand). MB different in Canadia?
I guess the case would center on usage - If UC took the image and then used it for promotion or publicity, they may be obliged to ask permission of the people appearing in the image. U.C might even be obliged to ask permission for use of the people whose faces are patially and wholly obscured.
If this were in NZ, and the image was used without the consent of the appearing subjects, the photographer may well be obliged to pay a fee to each person in the photo, or at least seek their permission for use.
...Unless they can prove that each person WAS asked their permission, with a clearly (and repetitively) placed notice stating that people appearing at such-n-such a location, so-n-so a time might be camera targets, and anyone not willing to participate in material for the U.C.s use should make alternative arrangements.
If THAT were so, and this was a graduation ceremony, at a time/ location where people couldn't/shouldn't be anywhere ELSE, U.C. would then have to prove that arrangements were made possible for people to escape the camera lens, in such a way that people's rights to participate fully in the ceremony were not impinged.
Is this case real, or something Cap dreamed up? It's an interesting idea - I have to go through this rights stuff when I'm sourcing images for the things I do.
-Oro
I guess the case would center on usage - If UC took the image and then used it for promotion or publicity, they may be obliged to ask permission of the people appearing in the image. U.C might even be obliged to ask permission for use of the people whose faces are patially and wholly obscured.
If this were in NZ, and the image was used without the consent of the appearing subjects, the photographer may well be obliged to pay a fee to each person in the photo, or at least seek their permission for use.
...Unless they can prove that each person WAS asked their permission, with a clearly (and repetitively) placed notice stating that people appearing at such-n-such a location, so-n-so a time might be camera targets, and anyone not willing to participate in material for the U.C.s use should make alternative arrangements.
If THAT were so, and this was a graduation ceremony, at a time/ location where people couldn't/shouldn't be anywhere ELSE, U.C. would then have to prove that arrangements were made possible for people to escape the camera lens, in such a way that people's rights to participate fully in the ceremony were not impinged.
Is this case real, or something Cap dreamed up? It's an interesting idea - I have to go through this rights stuff when I'm sourcing images for the things I do.
-Oro
"Harden The Fuck Up." - Dalai Lama, 1990
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:) Da Cid (: McCl
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William Wallet
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I'm no expert in Canadian law, but I believe people in public places are liable to have to have their pictures taken, but as you pointed out, they can't be used for promotional purposes without a signed letter of release.
The picture in question is being used as the header on a webpage on the U of C website. I think that probably qualifies as promotion.
As for the circumstances of the graduation, I don't recall signing anything, I believe we were informed that there would be photo/video-graphers present, but I don't recall being given the option to opt out. On the same note, I don't know how you could participate in the convocation cermony without the videographers stopping filming (or suddenly panning away from the stage), and the photographers only taking pictures from an approved list, plus, it was rapid successsion, even if they don't specifically photograph you, you are likely to appear in the background of someone elses photo.
As cap pointed out, this is all just a parody he put together based on an off-the-cuff remark i made when I discovered what could be my face in that image. It's hard to say for sure if it's me, but I know I was there, and other people have picked me out of the image without me having to tell them where to look.
The picture in question is being used as the header on a webpage on the U of C website. I think that probably qualifies as promotion.
As for the circumstances of the graduation, I don't recall signing anything, I believe we were informed that there would be photo/video-graphers present, but I don't recall being given the option to opt out. On the same note, I don't know how you could participate in the convocation cermony without the videographers stopping filming (or suddenly panning away from the stage), and the photographers only taking pictures from an approved list, plus, it was rapid successsion, even if they don't specifically photograph you, you are likely to appear in the background of someone elses photo.
As cap pointed out, this is all just a parody he put together based on an off-the-cuff remark i made when I discovered what could be my face in that image. It's hard to say for sure if it's me, but I know I was there, and other people have picked me out of the image without me having to tell them where to look.
Assuming it's the same as U.S. law, the need for a release hinges on how recognizable you are. If you were to actually sue, it'd have to be plainly clear it was you in the photo. Even so, unless the photo harmfully exploited you, the most you'd likely accomplish is forcing your school to not use it in future ads.
As for permission, many schools will have some fine print somewhere as part of the materials you may have signed when you were admitted to the school - allowing them to use photos of you for promotional materials. My daughter's did, as did my college, where I worked as the PR photographer for several years - though for anything remotely close to a portrait that might be used for promotional materials, I was absolutely required to get a signed model release form anyway.
As for permission, many schools will have some fine print somewhere as part of the materials you may have signed when you were admitted to the school - allowing them to use photos of you for promotional materials. My daughter's did, as did my college, where I worked as the PR photographer for several years - though for anything remotely close to a portrait that might be used for promotional materials, I was absolutely required to get a signed model release form anyway.
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Death's Avatar
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O!
O!
I suspect Doobs is upset because the University posted this picture in its brochure under the heading of "Discipline at the University". His image was (they now say "mistakenly"--haha, right) presented as an example of students expelled for egregious acts on campus, in this case said acts being "Using UC computer lab equipment for the express purpose of disseminating photos of naked immature piglets in compromising positions of a pornographic nature" and "unauthorized use of UC Computer Lab for the development of online strategic games" . . . . at least that is what a custodial engineer who works in the UC Office of Environmental Diversity Promotion told a cousin of an acquaintance of a friend of a guy I work with told me.:laugh:
O!
I suspect Doobs is upset because the University posted this picture in its brochure under the heading of "Discipline at the University". His image was (they now say "mistakenly"--haha, right) presented as an example of students expelled for egregious acts on campus, in this case said acts being "Using UC computer lab equipment for the express purpose of disseminating photos of naked immature piglets in compromising positions of a pornographic nature" and "unauthorized use of UC Computer Lab for the development of online strategic games" . . . . at least that is what a custodial engineer who works in the UC Office of Environmental Diversity Promotion told a cousin of an acquaintance of a friend of a guy I work with told me.:laugh:
make something idiot proof and they will just make a better idiot
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The Elfoid
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Doobie, have they read this crazy stuff? The link to ProjectMagma.net's site can be found on your resume-style website...
http://theramblingelf.tumblr.com/ - my blog
I can't imagine the U of C administration can be bothered to keep tabs on alumni. I mean, it took them almost 2 years to notice that I had graduated and was no longer taking classes to kill my email account (yesterday). Speaking of which, if anyone here still has maclean@cpsc.ucalgary.ca as my email, you can stop trying to contact me there, doobie (at) projectmagma.net is still a good bet.
I pity the poor student who inherits my old userID, they're gonna get so much spam...
I pity the poor student who inherits my old userID, they're gonna get so much spam...