ANST - FW: 12th night photos

[James Crouchet]

*IF* this whole concept of private site vs SCA site is true, then you 
need to be sure the link is not transparent. That is, it must be 
obvious that the viewer is leaving the SCA site and going to a private 
site. Simply placing it on another machine will not do it if it looks 
to the viewer like they are still on the SCA's site.

Actually though, I doubt it is really so simple as private vs SCA 
site. I suspect it has to do with public vs private appearance, 
whether the subject should of had a reasonable expectation of privacy, 
whether the photo is used for commercial purposes, the nature of the 
photo, compensation for the model, whether the subject was actually 
acting as a model, whether we refuse to remove the picture when 
requested, etc. No, I'm not a lawyer of legal expert on first 
amendment vs privacy rights, but it does not take one to see that what 
has been given here is way too simplistic to reflect the legal 
reality. Perhaps the lawyer(s) dumbed it down in order to give us a 
simple rule to follow, or he/she/they made a broad statement to cover 
his/her/their backside(s). It is probably SAFE to keep those pictures 
on a private site, and if we put them on an SCA site we would have to 
figure out some of the other factors I mentioned.

I suspect this falls into the same category as the restriction we use 
to have against minors fighting, i.e. tenuous legal reasoning at best. 
Remember, we had lawyers' opinions on that too saying it was POSSIBLE 
that it could be a problem for us under just the right conditions. The 
case law did not change, but now we have minors who fight rapier, hard 
suit and boffer.

> So just to make sure I get this right, If I make a photo page on the
> official site for my canton I need to have permission forms for the
> people in the pictures but if I put the pictures on a personal site 
and
> just point to it them everythings OK?? I just want to make sure I 
don't
> ruffle any feathers...

> Krzysztof Kopernik wrote:
> >
> > I have gone round and round with this issue.  The reason you do not 
see
> > pictures of this sort on the Ansteorra web is because if you can 
determine
> > a face, you must have the permission form.  I know, I know.  The 
chances
> > are pretty good nothing will ever come of not having a permission 
form, but
> > an advising attorney for Ansteorra has told me that we need them
> > regardless.  Now keep in mind this is for an official SCA site, such 
as
> > that of a Barony, Shire, or any other SCA-related site.  This does not
> > include private sites on peoples personal web sites.  As a matter of 
fact
> > this is how the Ansteorra server will overcome the burden of gathering
> > permission forms.  Any images that cannot be secured with a permission 
form
> > will be housed elsewhere.  Just my two cents worth on this topic.
> > Krzysztof
> >

> --
>      ___     Well Met, and merry meet again,
>     / .''>   -Rendell Skaggs         -Senán mac Tighearnáin
>    /* \      -Web Design             -virtual scribe
>   /  ( \     -rendells @ eaze.net
>  (______)    The best way to travel is by means of imagination.
> 
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