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Old 03-30-2011, 10:51 PM
 
Location: Chicago
4,085 posts, read 4,314,362 times
Reputation: 688

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Quote:
Originally Posted by pghquest View Post
The law states that photos belong to the individuals who took them. While I find the whole thing sick, under what grounds would you demand someone else give up assets that they own? It gets even more complicated because Facebook doesnt own the photo, they are only distributing legally owned material. This would be similar to a reporter taking a photo for a newspaper..

Sick yes, but thats the way it is..
The dead person nor her heirs gave permission for the photo to be taken and distributed.
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Old 03-30-2011, 10:55 PM
 
Location: Staten Island, New York
3,727 posts, read 7,015,669 times
Reputation: 3753
Quote:
Originally Posted by pghquest View Post
For what? Its no different than someone driving past the scene of an accident and taking a photo.. or you taking photos at a nude beach..

tasteless.. absolutely.. illegal.. nope..
Since the EMT is medical personnel, it violates HIPPA laws.
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Old 03-30-2011, 10:56 PM
 
Location: Chicago
4,085 posts, read 4,314,362 times
Reputation: 688
Quote:
Originally Posted by NYChistorygal View Post
Since the EMT is medical personnel, it violates HIPPA laws.
There you go!
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Old 03-30-2011, 10:58 PM
 
29,981 posts, read 42,833,055 times
Reputation: 12828
Quote:
Originally Posted by NYChistorygal View Post
Since the EMT is medical personnel, it violates HIPPA laws.
Bingo!
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Old 03-30-2011, 11:05 PM
 
Location: Albuquerque, NM
13,290 posts, read 15,253,066 times
Reputation: 6658
Quote:
Originally Posted by NYChistorygal View Post
Since the EMT is medical personnel, it violates HIPPA laws.
Not sure if that is true since HIPAA is Health INSURANCE portability and accountability act.

A dead person doesn't need health insurance.

Last edited by filihok; 03-30-2011 at 11:14 PM..
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Old 03-30-2011, 11:33 PM
 
570 posts, read 880,762 times
Reputation: 539
that EMT probably only got the job to meet some affirmative action requirement
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Old 03-31-2011, 12:02 AM
 
7,541 posts, read 6,256,043 times
Reputation: 1837
Quote:
Originally Posted by tonythetuna View Post
The dead person nor her heirs gave permission for the photo to be taken and distributed.
This is where people show their ignorance on photographer's rights, copyrights and photos taken in the public.

YOU do not need permission from anyone to take their picture IF that person is in public view.

And photos belong to the photographer in question (even if taken with another person's camera). Whoever is behind that camera, OWNS All rights to that image.


The EMT was an idiot, but he did nothing illegal.

Facebook doesn't have to remove the photos if the EMT claims a copyright ownership. He is free to post that image anywhere he wants, as long as he is not in violation of the websites TOS and policies.


Stupid I know, but 90% of images taken by photographers would'nt be published in news articles, by newspapers and the like if any mamby pamby person requests it to be pulled because they don't like the content of the photo
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Old 03-31-2011, 12:04 AM
 
7,541 posts, read 6,256,043 times
Reputation: 1837
Quote:
Originally Posted by NYChistorygal View Post
Since the EMT is medical personnel, it violates HIPPA laws.
False. HIPPA is between insurance companies and the patient and whatever doctors/medical facilities that houses their medical records. EMTS are not working on the behalf of insurance companies.
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Old 03-31-2011, 12:09 AM
 
Location: Chicago
4,085 posts, read 4,314,362 times
Reputation: 688
Quote:
Originally Posted by Arus View Post
False. HIPPA is between insurance companies and the patient and whatever doctors/medical facilities that houses their medical records. EMTS are not working on the behalf of insurance companies.
So you are claiming that nurses and receptionists are not restricted by Hippa?
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Old 03-31-2011, 12:15 AM
 
41,815 posts, read 50,873,273 times
Reputation: 17863
Quote:
Originally Posted by Arus View Post
And photos belong to the photographer in question (even if taken with another person's camera). Whoever is behind that camera, OWNS All rights to that image.
If it's part of his job to take these pictures whoever is paying him owns them. Simple solution to this is to spell it out in the contract that any images or video taken during the course of work belong to whoever is employing them.

I know there was a few lawsuits in the past where employers tried to get the copyrights of photos taken by employees while they were working where it wasn't specifically part of their job, not sure how successful they were.
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