It's Worse Than We Thought . . Or Is It?

[Hinfrance]

I bought a copy of 'Réponses Photo' today because it had a lengthy article in it about the fairly recent French law of 'Droit a l'image' - or peoples' rights over their own image, and how the courts have been interpreting it.

Specifically this affects Andy and I, but it will also apply to anyone visiting la Belle and snapping away, who is not a journalist, or an 'artist' working without any commercial reward. You can take any pictures you want, but must not display to anyone outside of your family.

But, if you post to the web and to cut a very long piece of legal analysis short, in France you can take pictures of the exterior of public monuments without specific permission. You may also reproduce photographic images of dead public figures - the example given was the last Pope. That's it, the whole list.

If there are any people in the picture you must obtain their specific written consent before publishing, like posting here or on Flickr, even if it is a crowd scene, like a busy beach. The rights to graffiti belong to the 'artist', who of course, would be unlikely to advertise his true identity. The right to the image of buildings belongs to the architect, if there is some other artwork, like an advertising poster or a painting on a wall, you need the written permission of the graphic designer or painter, etc etc, you get the idea.

The good news is that like pretty much every law in France these are to paraphrase Captain Barbosa, not so much rules as guidelines, and thousands of potentially actionable images are posted to the web every day without consequence. There was even the suggestion in the conclusion that the existence of massive numbers of pictures on the web will most likely be successfully used as a defence at some time in the future.

Meanwhile it still hasn't rained.

[Beaux Reflets]

Yes Howard, although I have not seen the Responses, I was aware of the information. I think it is healthy to weight things towards protecting the individual's rights to privacy, as it encourages a certain respectful attitude towards others around you.

I think there used to be a 'you may' if a person smiled and a 'No no' if the person indicated a wish not to be photographed, guide for the press togs as well; And my guess is that a measure in commonsense will prevail, when it comes down to Street Photography, on the part of those taking the shot and those portrayed.


Weather wise, its sunny and hot here too and the effects of the odd drizzle last week have long past. Guess we will have to pray for some more before things start to really wilt. 

[ABERS]

THe mind boggles at how many meetings those Froggies must have had to arrive at their take on photographing in public
The drought will be over next week for sure. We are going away for a few days and I'm certain the farmers in the S.E. will be jumping for joy at the news.

[Hinfrance]

I don't think they had a meeting Alan - it was just one petulant politician who didn't like his mug in the papers unless he controlled it - one M. Sarkozy, to be exact.

Anyway, I used to be a rain god too, but alas I'm not on holiday. Although I will be in England in July, so don't forget your brolly from the 2nd week on.

Remember the drought of 1976? I went on holiday the week it broke, and boy did it break - I was drenched the whole 7 days. I went for a fortnight in Majorca - worst May weather they'd had for 136 years - rained 11 out of 14 days and the wind howled all of the time.

[Paul Montgomery]

Hmm I've got a picture I took from the Eiffel tour, showing all the people queuing below. I might just have to stick it on flickr for the fun of it...

[Hinfrance]

Well I would Paul. As long as it's artistic 

[Paul Montgomery]

Tut I would never do such a thing and I certainly wouldn't modify my signature here to point to my flickr collection 

[ABERS]

THe mind boggles at how many meetings those Froggies must have had to arrive at their take on photographing in public
The drought will be over next week for sure. We are going away for a few days and I'm certain the farmers in the S.E. will be jumping for joy at the news.

Well it's worked. Getting ready to leave tomorrow for a four day trip and it's absolutely rissing down with pain out there!