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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.
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
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.
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?
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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