[Tango-L] YouTube and the right to privacy

[Igor Polk]

I am not a lawyer, I am a photographer. I am making documentary photography.

There is a lot of misunderstanding about copyright laws.

And yes, Janis, your opinion is wrong !

That is the photographer who has copyright on the photos by definition, not
the person he is filming.

Everyone has the right to take pictures and videos everywhere they want (
that includes milongas and private residences including your own) and
publish it without consent of any kind !
It is obvious for the sake of education and news. If they publish for profit
( very specifically tailored to the person filmed ) they should share the
profit. Photographers can be sued if the publication makes harm for the
person, but only in the case "it is not newsworthy". It means any person
which is of interest to the public ( and I am sure that includes Milongueros
) will lose the case !

So far the law was mostly on the side of photographers. ( I put "mostly",
but I do not know about any "against" case. ) I guess, because it is a "free
speech" issue.

Nobody can prohibit videos taken in any place from publication. There is one
restriction when the photographer enters the place and pays for ticket and
therefore entering the written agreement explicitly prohibiting taking
pictures and publication of the pictures taken. The owner ( not you, Janis !
) and his official representatives can only ask the person taking pictures
to leave the place, and if refused to remove him by force of police, but
they can not prohibit publication or other use of pictures already taken (
if there was no that written rule. ). That is in America, Argentina might
have their own rules on that. But I believe they are the same.

Take picture and videos as much as you want ! As much as you can !!!

This is the great way to save for history the art of dance, otherwise it
would burden under the stupid legal and ownership issues.

Of course, it is always a good idea to ask the permission, mostly for the
sake of making it better. For consideration of other people needs and
opinions. Of course, a photographer should especially respect an opinion of
the dancers they film: may be they are not in a good shape or something..
But that is a personal issue. Not legal. Sometimes I do not like the videos
of myself to be taken, sometimes I'd like it. 

Photographers should be conscious about good quality of videos, because they
must understand that they participate in creation of an image of the dancers
they film. And with bad quality recordings they can make this image worse.
Nowadays, with digital videos and cameras everyone think he is a
photographer or a film maker. Which is of course, wrong. The only way to
fight with bad film-makers - to publish your own, official, better version
of your dancing or an event. This is very serious. Organizers should take
care of creating and preserving good image of their dancers and events.

And that is my advice to your, Janis ! It looks like you have some influence
there. Talk to your Milongueros. Make the good videos and publish them
Copyright free. You are going to make a good thing for humanity and to your
friends ! Nobody ever would be interested in paying money for your old
milongueros ! Forget about it ! And if somebody really would do it, they
would do it only after reviewing those free videos, accessing their value by
how much they are popular, how much people talk about them, how many links
do they have. Consider it as an advertisement, as a portfolio of your
friends. In any way, I am 100% sure, the videos you take personally would
not attract any attention of a publication house. If they would want to film
them for commercial purpose, they will make their own professional
recording.

Janis, Barbara's main concern was about music, not videos.
About videos taken in public places, do not worry Barbara ! It is not of
your concern ! Copyright violation is the concern of organizers of the dance
and dancers themselves. You merely recorded the event. It is a different
thing when it is your own production. A professional should help you in this
case.


Igor Polk