[Gllug] GPL

[Mike Brodbelt]

On Wed, 2004-07-21 at 14:17, Ben Fitzgerald wrote:

> I had something in a similar vein happen to me 2 weeks ago. I was surprised
> when my girlfriend passed me "The Metro" (london's tube rag) and told me
> we were in it. I went to the page and saw a 2 1/2 inch picture of us kissing 
> (just us, from the waist up, no background other than to tell we were on an
> escalator on the tube).
> 
> I wrote to the Metro to complain but got no response. I'm considering forwarding
> this to the PCC as I believe they intruded on a private moment (albeit in a
> public place).

You have no expectation of privacy in a public place. If they took the
photograph, they own the copyright on it, so you have no case there. If
you had been in your house and they photographed you through a window
you may possibly have had a case, but as you were photographed in public
I don't think you have a leg to stand on. Check out any photography
website for discussions about the law in this regard, but I think you're
wasting your time. As I wander around with a camera from time to time
this is something I've read a fair few opinions on, and they're all in
agreement.

> I recall lawyers going nuts on this list when someone badmouthed them! Any
> opinions on my situation?

That could (conceivably) have been libel. Your situation is different,
in that no misrepresentation of your behaviour has occurred. And while
you may personally feel aggrieved in this instance (and you have my
sympathy), think about what would happen to freedom of the press if you
*did* have the right to prevent publication...

Mike.

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