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5 Replies Last post: Jan 29, 2008 8:27 AM by Snoops  
Click to view PCWorld's profile PCW News Bot 20,557 posts since
Aug 1, 2007
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Jan 26, 2008 3:00 PM

Couple Threatens Suit when Public Smooch Hits YouTube

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Click to view coastie65's profile Member Moderators 3,440 posts since
Apr 2, 2007
1. Jan 26, 2008 3:17 PM in response to: PCWorld
Couple Threatens Suit when Public Smooch Hits YouTube
I didn't think there was such a thing as privacy in the PRC, what with everybody watching everybody else. coastie65


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Click to view mcbarker's profile Member 699 posts since
Aug 10, 2006
2. Jan 26, 2008 6:01 PM in response to: coastie65
Re: Couple Threatens Suit when Public Smooch Hits YouTube

I don't know about the laws in China, but here, if the what you're shooting (photo or video) is legally deemed newsworthy, publishing it is legal, and I imaging that any video showing up on YouTube would legally be considered "publishing".

If it isn't something considered newsworthy, and the person or persons can be identified, then it is illegal to publish without a signed release form from all parties concerned.

If the person or persons can't be identified, and you're shooting in a public place, then it's legal to publish.

If you shoot something while on private property, then you must have a signed release from the owner of the property to publish. Actually, you're supposed to get permission to shoot there in the first place.


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Click to view Yert's profile Member 256 posts since
Jun 30, 2007
3. Jan 28, 2008 7:43 AM in response to: PCWorld
Couple Threatens Suit when Public Smooch Hits YouTube
In the US its okay to take pictures of anyone you want with no permission as long as your in a public place. I think that if you own the place this may also apply.

On that note, I don't know what the law is in China. But YouTube is in the US. If it honors Chinese law, then that is a massive show of respect, or at least Google being greedy for the green.
Click to view butlerwm's profile New Member 61 posts since
Jul 27, 2006
4. Jan 28, 2008 4:06 PM in response to: Yert
Re: Couple Threatens Suit when Public Smooch Hits YouTube
In the US, the issue is not whether a picture or video can be taken (in a public or private place) but whether the subjects likeness can be "published" without the subject's consent. Liability would depend upon how and why the likeness was published. As part of a news article has different requirements than for entertainment or some profit making purpose. Additionally, while YouTube's liability may be limited, the liability of the person posting (publishing) the video is a different issue. In that respect, much would depend upon the laws in China.
Click to view Snoops's profile New Member 1 posts since
Jan 29, 2008
5. Jan 29, 2008 8:27 AM in response to: PCWorld
Couple Threatens Suit when Public Smooch Hits YouTube
The reality is that the video was the property of the company who set up the system and was abused by the person who uploaded it to YouTube.
It's not the fact that the couple were humiliated as much as the fact that a privately owned video was published to the web without the consent of the owner.
This would probably contravene copyright laws in most countries, too.

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