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Legality of publishing pic's in Japan

Hachiro

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Question here, I was reading a discussion on another message board and came across people discussing the legality of posting stangers pictures on a message board without their knowledge.

Does anyone here know if it is legal here in Japan to put pictures of people on a WEB site without their knowledge or permission? Also as an example what about underage people, like HS students or JHS students from classroom pictures or group pic's.

Thanks
 

Carlson

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Hachiro said:
Question here, I was reading a discussion on another message board and came across people discussing the legality of posting stangers pictures on a message board without their knowledge.

Does anyone here know if it is legal here in Japan to put pictures of people on a WEB site without their knowledge or permission? Also as an example what about underage people, like HS students or JHS students from classroom pictures or group pic's.

Thanks

I remember my gf saying something about it being not legal. if so half my website gallery is just pics of people. i dont care.
 

Maciamo

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If it's a website, it is not limited/bound to one particular country, as the whole world can see it, and in the case of a forum, contributors are in various locations around the world. Personally I am against posting other people's pics without their consent, so please refrain to do it here.
 

Hachiro

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Maciamo said:
If it's a website, it is not limited/bound to one particular country, as the whole world can see it, and in the case of a forum, contributors are in various locations around the world. Personally I am against posting other people's pics without their consent, so please refrain to do it here.

If that last sentence was directed at me, no I never thought to or even considered doing it.

I was surprised however to see people posting pictures of their students on their weblogs or their own websites. Does it matter where the pictures were posted from or where the server is located in determining the legality of publishing a picture?

I often notice in Japanese magazines or on some Japanese websites that the pictures have the persons eyes either covered with a mosaic or black line.
 

Davey

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Hachiro said:
I was surprised however to see people posting pictures of their students on their weblogs or their own websites. Does it matter where the pictures were posted from or where the server is located in determining the legality of publishing a picture?

A lot of websites don't really care when people post their pictures on websites such as logs,blogs etc. But if they post it on a commercial website, with the target to make money, or visits of it, I think it's a way different story.

That's why all my pictures on my own website are my own, and when I need a picture from another website I will kindly ask it.

It depends on the place where you get it from their Copyright rules.
On my own website I have this message:
Using text or images from this website for publication purposes with out authorisation is strictly prohibited. If you want to use, text or pictures, please send me a message for more information!
 

Carlson

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well all pictures on my site are mine. well ones i took but rarely do i ask the person if i can take there pic. if they ever say no i always stop or delete it after. and give the gomen and bow
 

Maciamo

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Well, it's one think to take people's pictures and another to post them on a website where everybody can see them. It'd be ok if it was a private website where people had to register to see the pics, though.
 

Hachiro

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Maciamo said:
Well, it's one think to take people's pictures and another to post them on a website where everybody can see them. It'd be ok if it was a private website where people had to register to see the pics, though.

I agree with this, yet on an open forum would someone or could someone including the owner of the website be held legally liable for privacy rights violations. Also the question still remains about people that are underage, like I wrote in one of my previous posts here.

I have been reading quite a few different opinions and thoughts on the matter so far, yet I have not seen anyone that has given a definitive yeah or nay for here in Japan.

If it is printed material I know there are laws regarding that, I also know that television can not broadcast underage children without the express written consent of a parent or guardian, but what laws apply to the internet ? Or aren't there any?
 

DoctorP

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I'm pretty sure (not positive) that in the US the laws of the state take over in cases like this. Not sure of International laws.
 

Maciamo

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Hachiro said:
I agree with this, yet on an open forum would someone or could someone including the owner of the website be held legally liable for privacy rights violations. Also the question still remains about people that are underage, like I wrote in one of my previous posts here.

On a public website like here where anybody can post pictures, we are not liable for what user post (as mentioned in the Terms of Use) and anyway we cannot have the slightest idea of whether members have asked the permission to the other people who appear on their pictures (e.g. picture titled "me and my friends" in the Members Gallery). We can just assume that nobody would be irresponsible enough to post pictures of people who don't want their picture posted on a website.
 

DoctorP

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So Mac? Did you tell the women in your pics that they would be posted on the internet? I'm assuming you did and they were fine with it.

A photo, to me, is the same as the written word. Once taken, it is my property. Granted, I don't just go around taking photos of random strangers, but if I take a photo and someone happens to get into the shot...oh well.
If they walk up and say they do not want me to keep that photo...tough cookies!
 

Hachiro

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CC1 said:
So Mac? Did you tell the women in your pics that they would be posted on the internet? I'm assuming you did and they were fine with it.

A photo, to me, is the same as the written word. Once taken, it is my property. Granted, I don't just go around taking photos of random strangers, but if I take a photo and someone happens to get into the shot...oh well.
If they walk up and say they do not want me to keep that photo...tough cookies!

Yet, correct me if I am wrong here, I remember seeing rather recently in fact, a poster stating that taking someones picture with a cell phone camera, without their permission, is illegal.
 

Maciamo

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CC1 said:
So Mac? Did you tell the women in your pics that they would be posted on the internet? I'm assuming you did and they were fine with it.

But they are all ex girlfriends. lol No, but that section is restricted to members only, so it's not "public" like pics directly posted on the forum (you know the "Post yout picture here" thread).
 

Hachiro

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But if they post it on a commercial website, with the target to make money, or visits of it, I think it's a way different story.

What classifies a site as a commercial site? Even sites like this have advertising on them and evidently are money making enterprises so would a site like this be considered commercial?
 

DoctorP

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not to pick on you Maciamo, but I would consider this public...since anyone can join. There is no exclusion to prevent people from joining and then viewing the content...or am I wrong?
 

Hachiro

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not to pick on you Maciamo, but I would consider this public...since anyone can join. There is no exclusion to prevent people from joining and then viewing the content...or am I wrong?

I am not trying to pick on anyone either, I am just interested now in what guidlines, laws, rules, or regulations are necessary to follow with regard to posting pictures on the internet.

Seems to me at least, from the information posted so far noone here knows either.

Sounds like a truly grey area.
 

DoctorP

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The best that I could guess would be you can do it until/unless someone asks you not to or asks you to remove the content. Schools publish their students pictures, businesses post their emplyees pictures, the U.S. military publish their employees pictures all without signed consent. Newspapers often snap photos and publish them with no signed consent forms. I don't see a problem. Even television stations/shows often broadcast people with no signed consent.
 

pipokun

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It might be a great topic to discuss if media and you have the same right.
 

ArmandV

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Photos are fair game unless the subject objects. It probably falls under a "fair use" doctrine. If someone (a stranger, for example) should see him/herself on a website and contacts the website, then I would be for removing the photo.
 

Mars Man

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Oh me oh MY....now this has been to my disapointment in the past.

Yes, here in Japan, as regards students, at least, we teachers cannot put any personal information on any of our present students--and of course that includes pictures--in any manner of presentation or situation wherein that information can be made public, without their permission. It's law. If that involves a minor, we would have to get their parent's permission.

For this reason, I was so disappointed last Autumn when I had wanted to make a thread about our school festival here. My seminar class opened an outdoor booth selling burritos. I took some good pics and such, and then when I asked them if I could post some of them on the thread I had had in mind (of course after showing them the Forum and explaining it's positive points towards educating others who were interested in Japan) they said "yada,yada !!" (no way. . .no !!)

So I lost that chance. That is also one reason why I have not put the better of those rare good pictures of myself on the 'Post Your Pic' thread, because it had two students there to, and I am waiting for permission--I think I'll get it this time though. :)
 

Davey

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wow marsman, that's indeed a bummer. I have a picture on the forum with my students from last year, but I indeed have to think about it this year when I am getting new students. Thanks for this, now I can think about it.
 

Hachiro

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Mars Man said:
Oh me oh MY....now this has been to my disapointment in the past.

Yes, here in Japan, as regards students, at least, we teachers cannot put any personal information on any of our present students--and of course that includes pictures--in any manner of presentation or situation wherein that information can be made public, without their permission. It's law. If that involves a minor, we would have to get their parent's permission.

For this reason, I was so disappointed last Autumn when I had wanted to make a thread about our school festival here. My seminar class opened an outdoor booth selling burritos. I took some good pics and such, and then when I asked them if I could post some of them on the thread I had had in mind (of course after showing them the Forum and explaining it's positive points towards educating others who were interested in Japan) they said "yada,yada !!" (no way. . .no !!)

So I lost that chance. That is also one reason why I have not put the better of those rare good pictures of myself on the 'Post Your Pic' thread, because it had two students there to, and I am waiting for permission--I think I'll get it this time though. :)
Thank you! I truly thought that it was against the law here to post any pictures of students or underage children without the express written consent of their parent or guardian.
 
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Kinsao

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Hmm, the internet often pose problems, because it's not limited within the country of the user...
Personally, I never post pictures anywhere that include other people in the picture. If I just want to post "a pic of me", and there's other people in the pic, I cut them off it, because I think it's their right not to have their picture on the internet that anyone can see. I wouldn't like it to be done to me. If I want to share pics of friends I email them to them privately; if they choose to put it up on their blog or something, that's up to them. :joyful: If I really wanted to put up a pic of someone, though, I'd write to them and ask their permission. 😌
 
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