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  1. #1
    darkosaric's Avatar
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    In Germany your photos are not always yours

    Interesting dilemma - so nudes from you ex. are not yours any more:

    http://www.theguardian.com/technolog...n-court-ruling

  2. #2
    AgX
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    The Background:

    There are two, often colliding, legal positions in german legislation on photography, more than hundred years old:

    -) the ownership of the photographer on a physical photograph but also on all rights concerning publishing

    -) the right of a subject to prohibit any publication of his image (if not being a person of public interst, unimportant part of a scene etc.)


    Taking photographs of people in public spaces is free by law.


    BUT,

    There are recent court decisions stating that the act of taking a photograph implies publication and by that can be rejected by the subject or the film/file requested.

    This is quite puzzling as there no longer is legal certainty on this issue.

  3. #3

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    The title here is a bit misleading. "Revenge porn" is something a lot different to just "your photos". Nude photos taken without the victim's consent have always been illegal no matter yours or not. Nude photos taken by both's consent gets things a bit more complex and requires approval by both sides to get published.
    Nude photos of models rely on the contractual terms at the time of shooting.
    Public nudity is something different and I have no idea where things fall in :-)

  4. #4

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    bleat

    In the US we bleat a lot about "freedom" but responsibility usually takes a hit. The "freedom" to post revenge photos of an ex is not freedom, it is chickenshit. In Europe they pay more attention to privacy issues than over the pond here. And, over here, your photos are not necessarily yours to do whatever you wish to do with them. It is like writing a letter. You send someone an intimate letter and they own the letter -- the physical paper and ink -- but you own the words. Some slimes recently tried to sell private Jackie Kennedy letters to a priest (she wrote about JFK fooling around with other women) at auction and got slapped down. We are real good over here at telling the world what to do but maybe we should look at our own sins of commission and omission once in a while. Just a thought. I know it is hard to run the most powerful empire the world has ever seen and still be thoughtful about silly things like privacy and rights but maybe we should.

  5. #5
    darkosaric's Avatar
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    This guy had no intention of posting the pictures online, he was just possessing the pictures.

  6. #6

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    Quote Originally Posted by darkosaric View Post
    Interesting dilemma - so nudes from you ex. are not yours any more:

    http://www.theguardian.com/technolog...n-court-ruling
    Where is the dilemma? It seems only enforceable if you display or publish them without permission, in which case you probably deserve whatever you get. I don't think there will be any mandatory hard-drive scans at divorce proceedings.
    Nice work. You have a very talented computer.

  7. #7
    darkosaric's Avatar
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    Quote Originally Posted by Wayne View Post
    Where is the dilemma? It seems only enforceable if you display or publish them without permission, in which case you probably deserve whatever you get. I don't think there will be any mandatory hard-drive scans at divorce proceedings.
    What if pictures were taken on film? He could have scans somewhere - but if they destroy the negatives - it is pretty enforceable (if he did not made contact prints). This question is of course more in APUG spirit , probably pictures were digital.

  8. #8
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    I don't know if I should even post this, but I'm with the court on this one. Taking nude photos of a model is one thing, expecting to keep old photos from an ex is another. It doesn't matter what the photographer wants to do with them, the fact is we are no longer living in an analog world -- it's very digital, very global, and very hard to keep your private life private (especially in the hands of others). I don't think it's unreasonable for an ex to demand that nude photos of her (or him) be deleted or destroyed (or given back to said person). Even if you were the most honest, upright person in the world, that doesn't preclude the fact that someone else may come across those photos, or steal them, and use them in a way you never intended to. Is this something any (photographer) wants? Of course not. 20, 10, even 5 years ago this probably wouldn't have made news, but there have been enough horrible incidents that have happened to people around the world that revolve around photos of them in compromising situations, that I think it's something that people have to learn to accept may be part of "break up" agreements (or even just a change of heart).
    Rachelle

    My favorite thing is to go where I've never been. D. Arbus

  9. #9
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    Quote Originally Posted by Wayne View Post
    Where is the dilemma? It seems only enforceable if you display or publish them without permission, in which case you probably deserve whatever you get. I don't think there will be any mandatory hard-drive scans at divorce proceedings.
    Not to mention thumb drives and memory cards hidden here and there... I think it is more to put him on notice that if they do show up anywhere, the court will come looking for him.


    Sent from my iPad using Tapatalk HD

  10. #10
    AgX
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    Quote Originally Posted by zanxion72 View Post
    Nude photos taken without the victim's consent have always been illegal no matter yours or not.
    Not in Germany in case of public nudity.

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