4 ms·
Sad that this rings a GDPR bell in my mind.
by abraae 6y ago
Sad that this rings a GDPR bell in my mind.
- mhh__ 6y agoIs it enough to buy her bottle of wine or something in exchange for being able to keep the photo indefinitely?
- romwell 6y agoIt's up to her. Some people are OK with that without being compensated. Some aren't. That's the reason model release forms exist.
- romwell 6y agoYou don't need GDPR for this to have legal issues. As an amateur photographer, I'm pretty sure that you'd formally need a model release form for a commercial use of it to be legitimate[1]. Of course, as with any legal issue, the company would weigh the probability of it being enforced vs. the hassle of doing it right... and it's pretty clear where the balance is in most cases. [1] https://www.dmlp.org/legal-guide/using-name-or-likeness-another https://www.dmlp.org/legal-guide/using-name-or-likeness-anot...
- Dylan16807 6y agoThat's a publishing consideration, not really an image in a box in the engineering lab consideration.
- romwell 6y agoAs far as photography is concerned, the act of making a photograph and giving it away to someone constitutes publishing. Here, the engineer published the photo by giving it to his employer (and making it a part of the test suite). Not publishing would be keeping it to himself, which the engineer did not do. For all we know, his girlfriend did not consent for that photo to be distributed to other people. Model release forms exist for that reason. But that's not merely a publishing consideration anyway; the law is more general than that. In the end, it's someone's face being used for a commercial purpose without consent, and this is exactly what the law is about.
- Dylan16807 6y agoEverything is commercial if you squint hard enough.
- m463 6y agoWhat if her name was Lena?
- romwell 6y agoLena Forsén's photo was taken from a magazine - the appropriate model lease forms have surely been signed by her at some point.