Dr Deviant

Are the Google Street View cars erroding the moral fabric of the Empire?

I’m pretty sure I have commented on this before, but it’s really getting on my pecs again. This whole “invasion of privacy” thing regarding Google Street View.

First of all of you how are doinking your brothers wife just park your flippin car around the corner, or find a hotel room like normal people. And keep the curtains closed!

The law is pretty clear in terms of photography in public and your rights to privacy -

• There is no expectation of privacy in a public place.
• You are allowed to photograph children in public as well.
• Even the front of your house can be photographed – even with the windows open.

The laws around publishing photos is a little murkier.

If the shots are for editorial purposes only, then no model release is required. A photographer should have the courtesy to ask to take your picture, but is under no obligation to do so. You do have the right to ask them to move on, however the photographer is under no obligation to delete or otherwise not publish images.

Editorial images are those that provide background in newspaper articles, or for the photographers own promotion for example.

If the photographer wants to make money from the photos they take they have 2 options. Either a stock photo site or to produce the stuff themselves. If monetary gain is the prime objective, then there are clear guidelines as to the content of the photo so as to not have an issue.

• If the content has clearly identifiable people in it, a model release for each person is required.
• If a person can reasonably be able to identify themselves in it, a model release is required. (for example even if the face is not visible, a distinctive tattoo also qualifies)
• If there is a logo, trademark or other copyrighted work in the photo a release from the owner is required.
• If you are taking commercial photos in Trafalgar Square or Westminster Square, you need a specific permit that costs money.
• Anything of, on or in a royal park – you need a permit.
• On private land – you need a permit. (Of private land from a public place – no permit)
• Any private building open to the public – read the notes by the entrance.

Under trademark and copyright, the Eiffel Tower is an interesting point. During the day, you are allowed to take snapshots for commercial use, however in the evening when the lights are switched on this becomes a copyrighted work of art.

Anyhow, back to Google. Are they selling the photos with trademarks, people or car registration numbers in? No. Are they on private land? No. Therefore they are under no obligation to ask permission, and even further they are not obliged to conceal anyone’s identity either – they choose to as a responsible company and to calm the pitchfork brigade.

Do they make money as a direct result of these images? Hmmm… Grey areay, possibly technically true, although they still do not sell any services through or based on street view itself, so again, technically they are under no obligation to protect anyone’s dignity.

Luckily, embarrassment is not a legal defense. If you are worried about the repercussions of an action you take, then think about the consequences before you take the action. There is no difference in you digging for diamonds up your nose and a passer-by noticing and laughing, or someone submitting the video to Jeremy Beadle and the nation laughing – other than the scale of your embarrassment.

Think before you act and the moral fabric of this onece great nation may return… whatever.