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Re: [artshow_photo] Copyright infringement on Facebook

 

Slight rant coming...

On 10/22/2010 6:01 PM, Mark L Zurek wrote:
> I had at least 4 that I had stand there and show me they had deleted the image, and my neighbor ran a guy down that was shooting outside the booth, and SHE made him do the same.

There is no law prohibiting taking photos of your artwork. None. Nada.
Zip. Zero. Making people delete photos is actually a crime. Law
enforcement isn't allowed to do it and neither are you. Depending on how
creative the lawyer and how much money you have to lose we can start
with extortion, vandalism, theft, destruction of property, false
imprisonment, coercion, destruction of evidence, and your email can be
used to label you as a terrorist (ie policy intended to intimidate or
cause terror or fear). Photographing into your booth is not a crime.
Photographing in your booth is not a crime but if it is not allowed then
you may have grounds to have the person removed under trespass laws
(vary by local).

Only the event holders can prohibit photography outside your booth. And
they it has to be stated somewhere that the public can access or see
(tickets, website, sign at the door). Then all that will happen is they
get tossed out for trespass.

Taking a photo and publishing the photo are two separate acts. There is
plenty of law on the publishing part.

Photographers are having enough problems with Police and rent-a-cops
thinking they can make us delete photos, having photographers do it is
even worse.

Besides the deleted images are easy to recover. Done it myself many
times. Made a big show of deleting an image a woman made a big stink
about (walking into my frame and getting her picture taken). Crappy
photo I would have not used for anything. All the computer geeks and
photographers around me were laughing so hard. When one explained to the
woman how easily the picture could be recovered, a couple of them nearly
wet themselves at her expression. You would of thought we were evil
sorcerers wielding the worst black magick.

I am not a lawyer but this is information from practicing or retired
lawyers.

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