Photos in SCA pubs/websites

[rabah <rabah@tez.net>]

Poster: rabah <rabah@tez.net>

Before this gets anymore out of hand . . .

I could care less what is posted to a private webpage, however it is my job
to care what is published in Atlantia's newsletters and posted on her
recognized web pages. Why? Because I'm one of the people who will get
hauled into court if one of my officers gets sued by someone who doesn't
like to have their picture taken. There has already been one lawsuit
brought against an SCA chronicler by someone who had given verbal
permission for their picture to be used. The chronicler and his group could
have been the losers since nothing was in writing, but fortunately for the
chronicler he had multiple witnesses to the verbal permission being granted.

It only takes one minute to ask someone if you may take their picture for
the local newsletter/website. If they agree ask them to put that agreement
in writing. You can use one of the forms that is periodically published in
the Acorn or you can use the gas receipt you got on the way in to the event
that morning. Time spent: 3-4 minutes. I would much rather spend those 3-4
minutes per person than spend weeks in a courtroom listening to legal
proceedings. Which is truly the waste of time?

The paparazzi example is no longer valid. The "public person, public place"
guideline is being challenged in the courts and the paparazzi are more and
more coming out on the losing side of that battle. Most SCAdians are not
"public persons". It's a safe bet that any of our more recognizable members
could walk down the street of any major city and not be recognised
especially if they were wearing street garb. A minor example of this could
be the Atlantian who didn't recognise me at a Highland River Melees one
year . . . until I put on my turban. "Oh, hi Rabah! I didn't know you had
hair!" As private individuals we all maintain the right to control the use
of our image. I may not be able to stop you from taking my picture, but I
do have the legal right to deny you the use of that image.

I'm not the government, and I'm not Big Brother out to squash your freedom
of speech. I am merely trying to provide the means and knowledge to keep
members of our populace safe from the threat of litigation. If you are not
publishing an SCA-sponsored newsletter or maintaining a recognized website
for this Kingdom then you are free to take or leave my advice as you deem
appropriate. 

Rabah

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Every job is a self-portrait of the person who did it - 
autograph your work with excellence!
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