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Thread: Whose right is it?

  1. #1

    Default Whose right is it?

    Hi fellow CSers! Here's a question regarding the rights to a photo that was posted online.

    Recently there are photos of some people that have been "leaked" online, and they are appearing in blogs and websites.

    May I just ask, do the people whose photos were leaked have the right to order them to be removed? This is assuming the photos are in no way pornographic. What if efforts have been made to "cover up" the identities of the persons in the pic with black boxes or pixelated etc?

  2. #2
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    Default Re: Whose right is it?

    I think,

    Person in the photo has no right, unless it is offensive/a insult/harming (to) him.
    Person who took the photograph has the right to take down.

  3. #3

    Default Re: Whose right is it?

    Miss Zhang Zhiyi complains?
    always the Light, .... always.

  4. #4

    Default Re: Whose right is it?

    unless our face has a commercial value.
    i remember chiam see tong ordered a chinese restaurant
    to remove his pic from a promote poster few years back.
    Taoism 你知[道]吗?http://yeobt.multiply.com
    Read With An Open Mind And Surely You Will Be Benefited.

  5. #5
    vince123123
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    Default Re: Whose right is it?

    The Chiam See Tong case has nothign to do with his face having commercial value. If my memory serves me right, the case is based on defamation more than anything else.

    Quote Originally Posted by yeobt View Post
    unless our face has a commercial value.
    i remember chiam see tong ordered a chinese restaurant
    to remove his pic from a promote poster few years back.

  6. #6
    vince123123
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    Default Re: Whose right is it?

    Unfortunately, the person in the pic has not much of a right, at least in Singapore. That is legally speaking.

    Practically speaking, writing to the site admin or the like, would be of some assistance.

    And by "leak" what does it mean? Did the leaker take the photographs? If not, then by posting them, he is guilty of infringement.

    Quote Originally Posted by yuanseng View Post
    Hi fellow CSers! Here's a question regarding the rights to a photo that was posted online.

    Recently there are photos of some people that have been "leaked" online, and they are appearing in blogs and websites.

    May I just ask, do the people whose photos were leaked have the right to order them to be removed? This is assuming the photos are in no way pornographic. What if efforts have been made to "cover up" the identities of the persons in the pic with black boxes or pixelated etc?

  7. #7

    Default Re: Whose right is it?

    Quote Originally Posted by yuanseng View Post
    Hi fellow CSers! Here's a question regarding the rights to a photo that was posted online.

    Recently there are photos of some people that have been "leaked" online, and they are appearing in blogs and websites.

    May I just ask, do the people whose photos were leaked have the right to order them to be removed? This is assuming the photos are in no way pornographic. What if efforts have been made to "cover up" the identities of the persons in the pic with black boxes or pixelated etc?
    The person who took the photo is the copyright owner. As long as he's ok with it the photos can appear anywhere.

    This is why you see so many photos of celebrities going shopping or suntanning naked...that sort of thing. Too bad if you get photographed.

  8. #8
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    Default Re: Whose right is it?

    Quote Originally Posted by yuanseng View Post
    May I just ask, do the people whose photos were leaked have the right to order them to be removed?
    Depending on when and where the photos were taken, yes. In some countries, you may need the explicit permission for taking and publishing a photo of someone else, and you can be sued for damages. Unless you never leave Singapore, I'd be extremely cautious about claims that you can do as you like.

  9. #9
    vince123123
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    Default Re: Whose right is it?

    Mostly correct, but I'm puzzled about the part on leaving Singapore. If I take the photo in Singapore of a Singapore human being, and I leave Singapore, then does that make a difference?

    I suppose you typed to fast and what you meant was not so much about "leaving" but where the acts occured.

    Quote Originally Posted by LittleWolf View Post
    Depending on when and where the photos were taken, yes. In some countries, you may need the explicit permission for taking and publishing a photo of someone else, and you can be sued for damages. Unless you never leave Singapore, I'd be extremely cautious about claims that you can do as you like.

  10. #10
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    Default Re: Whose right is it?

    Quote Originally Posted by vince123123 View Post
    Mostly correct, but I'm puzzled about the part on leaving Singapore. If I take the photo in Singapore of a Singapore human being, and I leave Singapore, then does that make a difference?
    If you leave Singapore and take your camera with you, different rules for taking photos apply compared to staying within the little red dot. If you stay in Singapore and take all your photos there, you don't have to worry about other countries' laws.

    (Actually, even if you take a photo of someone in Singapore, you could be liable for prosecution elsewhere in certain cases, e.g. on grounds of child pornography accusations.)

  11. #11
    vince123123
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    Default Re: Whose right is it?

    Well conflict of laws and choice of forums are very complex legal topics which I think is not really suitable for discussion in this forum honestly. I guess for the most part, people here are interested in what goes on in Singapore. If we bring in other countries to the mix, there will never be any answer left to provide.

    Quote Originally Posted by LittleWolf View Post
    If you leave Singapore and take your camera with you, different rules for taking photos apply compared to staying within the little red dot. If you stay in Singapore and take all your photos there, you don't have to worry about other countries' laws.

    (Actually, even if you take a photo of someone in Singapore, you could be liable for prosecution elsewhere in certain cases, e.g. on grounds of child pornography accusations.)

  12. #12
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    Default Re: Whose right is it?

    Quote Originally Posted by vince123123 View Post
    Well conflict of laws and choice of forums are very complex legal topics which I think is not really suitable for discussion in this forum honestly. I guess for the most part, people here are interested in what goes on in Singapore. If we bring in other countries to the mix, there will never be any answer left to provide.
    I think it is very important to be aware of this. How many travel photos taken outside of Singapore do you see on Clubsnap? Deliberately ignoring/denying the fact that outside of the little red dot, there are countries that do make an effort to protect the privacy and dignity of people would be a pretty arrogant stance.

  13. #13
    vince123123
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    Default Re: Whose right is it?

    Hmm okay I concede that point then. But I guess people are usually more reserved in foreign lands. Even though I personally take a more robust attitude in Singapore, because I know the laws very well, when going overseas, I always take a more reserved approach, cos honestly, not many of us know the laws of foreign lands.

    Quote Originally Posted by LittleWolf View Post
    I think it is very important to be aware of this. How many travel photos taken outside of Singapore do you see on Clubsnap? Deliberately ignoring/denying the fact that outside of the little red dot, there are countries that do make an effort to protect the privacy and dignity of people would be a pretty arrogant stance.

  14. #14

    Default Re: Whose right is it?

    Haha.. Thanks for all the replies. It's been interesting to know all these! And no Ms Zhang Ziyi didn't contact me, tho I wish she did!

    Hypothetically, let's say the photos were taken by a camera phone owned by the person in the photograph, and somehow it's been leaked. Probably by the spouse or maybe even the family member. How would this play out then? According to what I gather from the replies, this would mean that the blogger would have to comply and remove them huh.

  15. #15

    Default Re: Whose right is it?

    OBJECTION !!

    the photographer got all rights meh? i dont this so.

    for example if i have a photo, i can't just put it on commercial site or commericial magizine. Publishing an identifiable photo of a person without a model release signed by that person can result in civil liability for whomever publishes the photograph.

    The models have rights thought.
    Last edited by ninelives; 9th January 2009 at 03:10 PM.
    Objection !!!

  16. #16
    vince123123
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    Default Re: Whose right is it?

    Actually under Singapore laws, you can. In the United States, maybe not, because there is specific legislation which gives a cause of action to a model against a photographer who uses a photograph commerically without a model release.

    In Singapore, there is no such legislation. Neither is there any case law which decides that there is such a cause of action or any case which imported such legislation as a rule in Singapore.

    Perhaps if you think there is such a cause of action, you can share with us some authoriative reference we can all review and discuss together?


    Quote Originally Posted by ninelives View Post
    OBJECTION !!

    the photographer got all rights meh? i dont this so.

    for example if i have a photo, i can't just put it on commercial site or commericial magizine. Publishing an identifiable photo of a person without a model release signed by that person can result in civil liability for whomever publishes the photograph.

    The models have rights thought.

  17. #17

    Default Re: Whose right is it?

    Quote Originally Posted by vince123123 View Post

    In Singapore, there is no such legislation. Neither is there any case law which decides that there is such a cause of action or any case which imported such legislation as a rule in Singapore.
    oic.

    then why was I told that we need to ask models to sign model release form in Singapore?

    ps : this is a discussion, not argument .
    Last edited by ninelives; 9th January 2009 at 04:08 PM.
    Objection !!!

  18. #18
    vince123123
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    Default Re: Whose right is it?

    I have no clue why you were told that. I can however tell you that MANY MANY MANY people have that misconception. If you do a search in this forum, you will also realise that up to a certain time, I was the sole individual who questioned the need for model releases in Singapore.

    It slowly evolved into discussions where the people who said model releases are required, were not able to substantiate what they said (either by citing laws, references or authority), and very much like yourself, were told by other people.

    There are also others who thought that the Internet is the Encyclopedia, so they do searches and thought what they read is correct. Little did they know that what is said on the Internet on this topic, often came from authors/photographers in the United States, and of course in the US, they will say model releases are required. The same goes for people who get their knowledge from books published by US authors. I've once seen on a very small occassion, an article from a UK based photographer who said that under his system, it is not required. However, I am not able to produce this article for you as I did not keep a copy of it, so assess the weight of what I say (since I don't have proof) accordingly.

    Now slowly, people in this forum are starting to take the position that in Singapore, perhaps model releases aren't required. Again I don't know if it is because they blindly follow what I say without wondering more, or they are genuinely convinced by my points.

    PS. Don't worry, I know who are the people who intentionally try to pick a fight with me, and those who genuinely want to discuss and find out more. But its always nice to say it again

    Quote Originally Posted by ninelives View Post
    oic.

    then why was I told that we need to ask models to sign model release form in Singapore?

    ps : this is a discussion, not argument .

  19. #19

    Default Re: Whose right is it?

    Thanks for all the info! Thread closing!

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