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>I thought media releases were required for image rights before video could be commercialized? Despite using the same terminology as copyright law, the rights
by Roguy 4y ago
>I thought media releases were required for image rights before video could be commercialized?
Despite using the same terminology as copyright law, the rights photographers have are different and the use of terminology is different.
To use the USA as an example because it's easier, photographers always have the right take photos on public property and they do not need consent to do so, and they also have the right to publish those photos and do not need consent to do so. Traditionally publishing would have meant publishing to print or broadcast media (i.e., news) where commercial activity is inherently implied. Today, publishing would also include posting to a blog, social media, sites like YouTube, etc.
Where photographers usually need consent is using those images commercially, however since they already have the right to publish (and to profit from) images, what commercial use in this context means is to use those images in advertising, to use those images in merchandise, to sell those photos to image libraries (think stock photography websites), etc. This is in contrast to copyright law where there's no publish/commercial distinction and where a licence prohibiting commercial use prohibits selling that work.
Of course none of that applies here, it was filmed on private property where the mall owner likely requires consent before people can take photos, and also because it's Australia which doesn't give blanket permission for people to take and publish photos without consent. However if Australia is anything like the UK the restrictions are that you can't take photos, or publish photos, of people that have an expectation of privacy, although this was filmed in a public place so there's likely no expectation to privacy.