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I recall a story about street performers in London demanding -- and getting -- copies of the videos of them doing their thing which were captured by CCTV. Just

by mikece 7y ago

I recall a story about street performers in London demanding -- and getting -- copies of the videos of them doing their thing which were captured by CCTV. Just because something is performed in public doesn't make it legal to record it, and unless you sign a contract to the contrary, in the US you retain copyright to all original performances. So... if you posit that your life is an act of performance art can you sue the intelligence agencies for violation of copyright by making and storing recordings of your original artwork (especially if you have the habit of working on your Silly Walk and speaking in impressionistic voices throughout your day)?

voxic11 7y ago
There is precedent in the US that this could be fair use. > After considering the four factors in the aggregate, the court finds that the fair use doctrine does apply to the City of Radford Police Department's use of Shell's photographs and other works. As long as the use remains solely for the dual purposes of permitting City of Radford law enforcement officers to properly investigate allegedly criminal acts and to use that evidence in any subsequent criminal proceedings, it will be a fair use and not a violation of the Copyright Act. https://www.courtlistener.com/opinion/2407651/shell-v-city-of-radford-virginia/ https://www.courtlistener.com/opinion/2407651/shell-v-city-o...
- mikece 7y ago
  The key point is that it's part of an active and specific law enforcement investigation. This would NOT apply to full-spectrum, dragnet surveillance/copying of the performance art I call my life, especially when there's not even the suspicion of me being involved with anything more devious than questioning the existence of the GPL.
coldtea 7y ago
>I recall a story about street performers in London demanding -- and getting -- copies of the videos of them doing their thing which were captured by CCTV. If I recall correctly, a pop bad, played in different streets, and then asked for, and made a video with those recordings of them... Found it -- though it appears it was not entirely accurate: https://observers.france24.com/en/20080516-hoax-cctv-video-get-out-clause-clip https://observers.france24.com/en/20080516-hoax-cctv-video-g... Good idea though!

by mikece 7y ago

voxic11 7y ago

There is precedent in the US that this could be fair use. > After considering the four factors in the aggregate, the court finds that the fair use doctrine does apply to the City of Radford Police Department's use of Shell's photographs and other works. As long as the use remains solely for the dual purposes of permitting City of Radford law enforcement officers to properly investigate allegedly criminal acts and to use that evidence in any subsequent criminal proceedings, it will be a fair use and not a violation of the Copyright Act. https://www.courtlistener.com/opinion/2407651/shell-v-city-of-radford-virginia/ https://www.courtlistener.com/opinion/2407651/shell-v-city-o...

mikece 7y ago
The key point is that it's part of an active and specific law enforcement investigation. This would NOT apply to full-spectrum, dragnet surveillance/copying of the performance art I call my life, especially when there's not even the suspicion of me being involved with anything more devious than questioning the existence of the GPL.

coldtea 7y ago

>I recall a story about street performers in London demanding -- and getting -- copies of the videos of them doing their thing which were captured by CCTV. If I recall correctly, a pop bad, played in different streets, and then asked for, and made a video with those recordings of them... Found it -- though it appears it was not entirely accurate: https://observers.france24.com/en/20080516-hoax-cctv-video-get-out-clause-clip https://observers.france24.com/en/20080516-hoax-cctv-video-g... Good idea though!