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this post was submitted on 03 Dec 2023
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That thought is a pile of bull crap. If you really think you have zero presumption of privacy then I have the right to follow right behind you with a sign that says "idiot ahead". Laws like this are so written for the drug war and for big media not for us.
Not saying I agree with it, that's just the way the laws are written.
A good example of how crappy this law works out is paparazzi. They harass celebrities just to get any halfway decent photo. Then they can sell the photo, the celebrity has no say in the matter. And to make things even worse, if the celebrity happens to use the photo of themselves in any way, the photographer can demand payment because they own the copyright.
And this is exactly what I was talking about. We need tules that say you own your own image.
That much I can agree with. If someone takes a picture of me, I should have some say in how that image is used, even if the default assumption is that a person in public is plainly visible to everyone including photographers.
But there's a lot of nuance here. Maybe a celebrity, or any person really, doesn't want an unflattering image used. Fair enough I suppose, but to what extent is that actually enforceable?
Or maybe the subject wants to use the image of themselves for their own purposes. Does the photographer deserve compensation for their role in creating the image?
What about unflattering images of politicians or government employees? What about criminals? There's a line to be walked here as well. We already have this sort of concept in slander laws. Public figures have a higher bar to prove damages resulting from statements that might otherwise be considered slanderous or libelous. There are also free speech and freedom of the press issues associated with government entities.
Yes, you should have a right to decide how your image is used, and yes, you should probably have some shared ownership of images of yourself unless you agree otherwise. But the reality isn't so clear cut.
Admittedly, I haven't looked into how other parts of the world that don't default to lack of privacy in public handle this. Some of these questions must have already been hashed out.