After a woman in New Taipei City surnamed Lee paid money to have “artistic“ studio photos of her taken, the photographer — a woman surnamed Chiang — posted some of the photos on Facebook, violating Lee’s publicity rights regarding personal portraits. The New Taipei City District Court ruled that Chiang had to pay NT$20,000 in compensation.
The verdict says that Lee had paid a bridal shop in Banciao District to take studio photographs of her. It had been agreed that after the photos were taken and she had selected which pictures to keep the rest would be deleted. However, later Lee discovered that Chiang had posted the pictures on Facebook without permission, so Lee initially tried to get NT$100,000 in compensation from Chiang.
Chiang says that she is merely a part-time photographer and used her cellphone to take pictures of the photos and posted some on her Facebook page only because she thought they looked nice, adding that her Facebook friends were the only people that could see the pictures. Chiang says that she had no ill intentions or commercial interests, such as selling the photos without permission or making a profit from them. As soon as she was notified that Lee was unhappy about the pictures being posted, she deleted them and posted a public apology on her Facebook page to show that she was sincere about resolving the issue. She said Lee’s request for compensation was too high, so she had no way of paying the amount.
Photo: BLOOMBERG
照片:彭博社
The bridal shop says that its employees are not allowed to post photographs of customers, and that Chiang used her personal cellphone to take pictures and posted them without permission, which means it had nothing to do with the company. The judge ruled that it was not a privacy issue as the photos had nothing to do with Lee’s personal life. However, since Chiang did not have permission to post the photos online, she had infringed upon Lee’s publicity rights regarding portrait photographs. Taking into consideration that Chiang had already deleted the pictures, the court required her to only pay NT$20,000. The verdict can be appealed.
(Liberty Times, Translated by Kyle Jeffcoat)
新北市李姓女子花錢請攝影師拍藝術照,江姓女攝影師竟私自將照片PO到臉書,侵害李女肖像權,新北地院二月六日判江女應賠二萬元。
判決書指出,李姓女子前年付費給板橋區某精品婚紗拍攝藝術照,約定拍完後,由當事人選取照片,其他應刪除,她後來卻發現,江姓女攝影師私自將藝術照PO上臉書,求償十萬元。
江女主張,她僅是兼職攝影師,因欣賞該照片,才用手機翻拍傳到臉書,只有臉書的朋友才看得到,未惡意散佈或私自販賣、圖利等商業行為,得知對方不悅,已刪除所有照片與網路檔案,並透過臉書公開道歉,有誠意想解決,但對方開價太高,非她所能負擔。
婚紗公司則強調,公司全面要求員工不能上傳客戶照片,江女私下以個人手機翻拍,與公司無關。法官認定,該照畫面非私生活內容,與隱私無關,但江未經同意擅自PO網,已侵害李女肖像權,考量她已刪除照片,判決賠償二萬元,可上訴。
(自由時報記者王定傳、吳仁捷)
A: Artificial intelligence technology has been causing controversy lately: a student was caught cheating with AI to win the grand prize in an art contest. B: That’s so absurd. Does this mean that AI paints better than humans? A: Maybe. Luckily, the student was later disqualified. B: And more absurdly, it’s becoming more and more popular to use AI technology to “resurrect” people. A: Yeah, some netizens even posted videos featuring the late singer CoCo Lee, who was “resurrected” by them with AI software. A: 人工智慧的爭議不斷,有學生違規使用AI參加美術展,甚至贏得首獎。 B: 真誇張,這是不是代表AI比人類還強大? A: 或許吧,幸好得獎資格被取消。 B: 還有更誇張的︰讓死者重現的「AI復活」技術越來越熱門。 A: 對啊,還有網友製作已故歌后李玟「復活」的影片呢! (By Eddy Chang, Taipei Times/台北時報張聖恩)
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