Re:The file Clearview AI has been keeping on me
by bsanr2 on Saturday February 29, 2020 @01:57PM
(#22452245)
I'm trying to understand where subject release documents fit into this. So I don't have to get those signed to take pictures of people, even in public? What if it's a still from video?
Re:The file Clearview AI has been keeping on me
by ghaff on Saturday February 29, 2020 @02:26PM
(#22452439)
A model release form gives the right to use a photo for most purposes* including things like marketing literature, e.g. the classic happy smiling diverse workers found on company websites and in promotional brochures. However, if I just take a photo of you in a public place I can upload it to Flickr, post it on my website/blog, sell it to The New York Times for editorial use, etc. You have fairly limited rights to photos of yourself taken in public.
A video is just a sequence of still frames so I don't know why that would be any different.
IANAL. Added: I'm primarily familiar with the US. Your mileage may vary elsewhere.
*subject possibly to what I wrote earlier about misleading or defamatory purposes, e.g. if I use a photo of you to illustrate an article about neo-nazis.
There is a right of publicity [1] that tends to come into play if I want to use a photo of you for commercial purposes like advertising. However, if I sell a candid photo of you that I took in public to a newspaper or if it's in a book I sell that's OK. (Assume it's straightforward use and nothing that could be misconstrued or deliberately misrepresents you in some way.)
No idea about this case and IANAL. But it seems in general that I would be able to freely use images on the Internet for training models and for other purposes that don't involve republishing those images.
[1] https://www.nolo.com/legal-encyclopedia/the-right-publicity....