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  • Tips you should know when using photos on SNS vol.2

  • #intellectual property #Copyright #fashion #SNS

  • Last timeFollowing this, we will provide a Q&A section with tips you should know when using photos on social media.
    Knowing this will greatly broaden the scope of your photography and posting, so be sure to check it out.
    *Responses will vary depending on individual circumstances, so if you suspect or have already run into trouble, please consult a specialist immediately.

    Previous article here

    https://mktlaw.jp/column/post-461/

    Q. If I take a photo, can I use it freely without asking the model in it?

    A. 使 え ま せ ん

    In Vol. 1, we mentioned that "you cannot use photos of yourself without the photographer's permission."
    On the other hand, if you have taken a photo, it does not mean that you can use it freely without the model's permission.
    Models in the photos have the right to their image and can decide where and how their appearance is displayed.
    Therefore, using a photo without the model's permission is a violation of their portrait rights.
    Once you've taken your photos, be sure to check with your models to see if it's okay to use the photos.


    Q. Can I post photos I took on the street that have people in them?

    A.Be careful

    The right to one's image is a right that everyone has, so if the person in the photo is identifiable, it may be a violation of that person's image right (even a photo of the person's back or profile may be a violation of that person's image right if someone who knows them can identify them). In this case, you must obtain the consent of the person in the photo.
    However, when taking photos in the street, it can be difficult to get consent from everyone in the photos.
    In such cases, various factors are taken into consideration, such as the location and method of taking the photo, whether the person in the photo can be identified, whether the person in the photo is the main focus of the photo, and the method of publication, and if the publication of the photo can be considered socially acceptable to the person in the photo, it is not considered to be a violation of the person's portrait right.
    However, if the photo can be identified, there is a risk of trouble, so it is probably safer to trim or process the photo so that it cannot be identified.


    Q. I tried combining a video I made with some good music I found online, but it didn't work.

    A.No good

    Please note that the rights are held by many different parties, including artists, performers, and record companies, and permission from all of them is required.


    Q. I took some photos in the city with art in the background. Can I post them??

    A: OK

    Generally, there is no problem with photographing and posting art installed outdoors.
    However, taking photos for commercial purposes or selling photos constitutes copyright infringement.
    Also, even if it does not constitute copyright infringement, you may run into trouble if advertisements are involved, so be careful.


    Q. Can I post photos taken in front of famous buildings?

    A: OK

    Even if copyright exists for a building, it is generally OK to take photos and post them.
    However, please note that in some cases, such as in the case of buildings with artistic value, it may be prohibited to take photographs for commercial purposes or sell the photos.
    If it is a private home, you need to be careful because there is a risk of violating privacy. Also, regardless of whether the building has a copyright or not, you need to get permission from the administrator to take photos on the premises of the building. If you enter the premises without permission because you think it is a nice building and take photos, be careful not to get arrested for trespassing.


    There's more, but that's all for now.
    By keeping these basics in mind, you can enjoy a fun social media life.

    This article mag by fashionlaw.tokyo Reprinted with permission from.
    The original article isClick here for the guidelines.

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