Mon, Feb 18, 2013 - Page 11 News List

Photographer fined for posting bride’s photos on Facebook
女客藝術照貼臉書 賠二萬

A man tries a camera at a shop in Hong Kong, China on Jan. 29.
一名男士一月二十九日於香港的商店試拍照相機。

Photo: BLOOMBERG
照片:彭博社

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.

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.

TODAY’S WORDS 今日單字

1. permission n.

允許;許可 (yun2 xu3; xu2 ke3)

例: The city council has granted the company permission to build the new stadium.

(公司得到市議會的許可,建造新的運動場。)

2. part-time adj.

兼職的;打工的 (jian1 zhi2 de5; da3 gong1 de5)

例: She worked part-time in college giving tutorials to middle school students.

(她念大學時打工,幫初中學生補習。)

3. privacy n.

隱私;私事 (yin3 si1; si1 shi4)

例: Mobile privacy is critically important as smartphones and apps run on them become increasingly popular.

(智慧型手機與其使用的應用程式愈來愈流行,行動隱私至關重要。)


(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)

This story has been viewed 1628 times.
TOP top