[LINK] We?re all copyright criminals now

[Kim Holburn]

I remember reading a year or two ago about the introduction of  
cameras and how the "public discussion" of the legality of taking  
people's photographs was a discussion that took place over many years  
and involved legislation and the courts to reach where we are now -  
that anyone is allowed to take pictures in a public place.

This is of course all changing because of copyright and the  
ubiquitousness of digital recording devices.  I read an article by a  
documentary film maker about how difficult it was when filming had a  
TV or music in the background that was copyright and how to to  
everything properly they had to find the copyright owners and get  
permission and just how difficult and time consuming that was.

Also technically I believe, public toilets and change rooms are  
"public space" and the legality of taking pictures in there is being  
questioned right now.

(Top posting because I want to.)

On 2006/Nov/22, at 11:28 AM, Stewart Fist wrote:
> I think Howard is joking -- or just stirring the pot.
>
>> Just send them an invoice for your services.  After all, they are  
>> using
>> your image in their programs which support their primary revenue  
>> source -
>> advertising.
>
>
> I have as much right to film in a public place as you have to  
> dance, sing or
> walk, or play your ghetto-blaster.
>
> And what I do with the material I collect in this public place --  
> whether
> for commercial or private reasons -- is of no concern to you,  
> provided I am
> within the law.  If you don't want to be filmed ... or seen ... or  
> heard, in
> a public place -- then don't go there and do what you are doing.
>
>
> I assume that everyone in the Link Institute uses public places for
> commercial reasons (ie getting to and from work, transporting parts  
> and
> equipment, etc), so why would your commercial use of public areas have
> preference over mine?
>
>
> Over many years in TV reporting, I have never had anyone try the  
> "copyright"
> ploy to stop me filming, and if they had tried I would have had  
> their claim
> framed to hang on he wall alongside the framed letters from peeved
> politicians.
>
> However I've had dozens of police, security-guards, and local-council
> officers try to stop me filming/taping by using either the "you are on
> private property" ploy, or the "obstruction of traffic" claim.
>
> Whenever I was threatened in this way, I'd just zoom back to a wide- 
> shot and
> pan around 360 degrees for evidence as to the level of obstruction/ 
> trespass,
> and invite them politely to sue or charge me.
>
> No one ever did.
>
>
> Kim's complaint about
>> the intrusiveness of today's media especially some of the TV
>> shows is a pet peeve of mine.
> is no justification for blocking the legitimate right of the media  
> to film
> in public places.

I guess the reason is that if we have legislation that allows police  
to issue on-the-spot fines for taking pictures or video where and how  
do you  draw the line?

> The complaint should rightly be directed at personal privacy  
> rights, and at
> media beat-ups and sensationalism.  No  one does investigative  
> journalism
> anymore on TV (apart from 4 Corners). Most of it is just celebrity- 
> fronting,
> done outside the studio, to give the impression of reality.
>
> This is a program-treatment and ratings problem -- and it only exists
> because it has proved to be highly popular with general audiences
> [unfortunately].  If it didn't rate, they wouldn't do it.

--
Kim Holburn
IT Network & Security Consultant
Ph/F: +61 2 62577881 M: +61 417820641
mailto:kim at holburn.net  aim://kimholburn
skype://kholburn - PGP Public Key on request

Democracy imposed from without is the severest form of tyranny.
                           -- Lloyd Biggle, Jr. Analog, Apr 1961