[-empyre-] Re: crowds and copyright

At 12:01 PM +1000 4/5/02, empyre-request@imap.cofa.unsw.edu.au wrote:
> ...on the other hand sports broadcasting has established the
 convention of close ups of faces of the public at sporting events.
 they can do this without seeking permission though i would think it
 runs close to breaching wht is actually legal.

John Klima replied:

ahh here is again the sticky subject of public/private spaces. is the sporting arena a public space? not really, it is owned partially by the city its located in, and partially by the teams that play there. also, i think that merely entering such a place, you forfeit rights that you would otherwise have on the street, like illegal search and seizure. security people at arenas and bouncers at bars are free to search you if they feel like it. i'm just guessing here, but i'm prolly not far from correct in my assumption, abandon all privacy ye who enter here. so my assumption is that the networks don't need your permission when you are in the confines of the arena. i have to assume this is the case 'cause you always see long shots of spike lee and woody allen at knicks games, and they are the types of people who would sue if they could, they make money with their faces.

well, aside from some cultural differences sporting venues are similar in australia but the law isn't clear cut (as far as i understand it). i think the networks (at least in australia) can do this because it is treated as a public space, or as you say a semi public. but it certainly isnt a private space and there isn't anything on the contractual ticket that says i'm forfeiting my privacy, i think this is implied by sitting with 80,000 others ;-)

but i do know in film that i can legally film a street with no permission from the crowd. but if i concentrate on an individual, i need a release form signed. and i think tv sports have informally (through the sexist 'pretty woman close up' excuse and the 'celebrity spotting' excuse) been rather pragmatic in how they've used this...

so presumably you could webcast anything public? is this right antoanetta?

adrian m
+ lecturer in new media and cinema studies [http://hypertext.rmit.edu.au/vog/vlog]
+ interactive desktop video developer [http://hypertext.rmit.edu.au/vog/]
+ media studies. rmit [http://hypertext.rmit.edu.au]
+ InterMedia:UiB. university of bergen [http://www.intermedia.uib.no]

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