[funsec] FW: Windows Live and Privacy

Drsolly drsollyp at drsolly.com
Wed Dec 6 06:28:14 CST 2006


On Wed, 6 Dec 2006, Peter Kosinar wrote:

> Hello Brian!
> 
> > Okay, enough already, this should provide everything we need to know:
> > http://www.wipo.int/sme/en/documents/ip_photography.htm
> 
> First, this looks like a general rule-of-thumb kind of a text; revelvant 
> laws in UK might be more or less restrictive (especially with respect to 
> the latest additions) and, as we know, the devil is (usually) in the 
> details.
> 
> > And to Solly's exact point:
> > http://www.wipo.int/sme/en/documents/ip_photography.htm#3.1
> 
> Brian, did you read that carefully?
> 
> ] Using someone's image for commercial benefit
> ] 
> ] Many countries recognize that individuals have a right of publicity. The 
> ] right of publicity is the direct opposite of the right of privacy. It 
> ] recognizes that a person's image has economic value that is presumed to 
> ] be the result of the person's own effort and it gives to each person the 
> ] right to exploit their own image.
> ] 
> ] Under this right, you could be liable if you use a photograph of someone 
> ] without their consent to gain some commercial benefit.
> 
> It seems you've just given Dr. Solly an argument -for- his cause :-) ... 
> unless you assume Microsoft is going to do what they're going to do for 
> -no- commercial benefit.
 
Very true. My image does have economic value. Some unscrupulous software 
house might put my picture on their box in order to claim excellence in 
their product. Because of the law of copyright, they cannot do that.



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