Re: GUADEC 2016 pictures



Hey,

I forgot to say this earlier (hat planned to mention it during the
opening).

In German law people have a right to their own picture. This means
that–unless certain conditions are met–it is not legal to publish the
picture of any person without their consent (distribute or show
publicly). Note that this can only be persecuted if the person in
question files a complaint. In the worst case it can be punished with
up to one year in prison or a corresponding fine.

As I understand it, things like the group photo are not an issue (one,
it is a gathering, two it is something historic, three it is common
knowledge that it is used for publication). Also publishing a picture
of a speaker while speaking or people surrounding the GNOME birthday
cake should be entirely fine.

But if you happened to make random photos of attendees or someone in
the city then making these photos available to the public is likely
*not* permitted by German law (as far as I know it is generally legal
to make them and show them to people in private).

In practice most people do not seem to really care about it. However, I
do think that it is generally a good idea to ask people for their
consent before circulating a picture.

Anyway, I am not a lawyer …

Benjamin

PS: Trying to translate the main section about it from the law, the
following exceptions apply:

 * images that show contemporary history (Zeitgeschehen)
 * person is not relevant for the picture (e.g. photographing a
building and someone happens to stand around in front)
 * images of marches, gatherings, and similar happenings ("ähnliche
Vorgänge") if the person was part of them
 * if the image is not commissioned and it is a piece of art

Which again has the exception that a persons "rightful concern" (or
"interest"?) must not be violated (I am not sure how to translate it,
but I think that a pretty obvious case is if the photo is humiliating
for some reason).

There are also other sections of the law which are relevant. In the end
it seems to be a pretty complicated assessment by the courts after
someone has actually filed a complaint.


On Fr, 2016-08-19 at 08:26 +0000, Olav Vitters wrote:
Hi,

The GUADEC2016 Flickr group is pretty empty (
https://www.flickr.com/groups/guadec2016/). Could we maybe request
more
people to upload their pictures? I was thinking maybe for a news item
on
www.guadec.org as well as on Planet GNOME?

If anyone has party pictures they'd want to share with Flickr/me,
that
would be nice too.

Regards,
Olav
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