3D Images on Facebook

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BlackTalon

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Oct 16, 2012, 10:17:46 AM10/16/12
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So I am posing the question.  How do we feel about posting some of the 3D scan images on Facebook and G+?  Not all of them but some of the cool ones.  Are we ok with that?

Travis Megee

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Oct 16, 2012, 10:18:48 AM10/16/12
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Only if the individual gave their permission.

Travis


On Tue, Oct 16, 2012 at 9:17 AM, BlackTalon <gfet...@gmail.com> wrote:
So I am posing the question.  How do we feel about posting some of the 3D scan images on Facebook and G+?  Not all of them but some of the cool ones.  Are we ok with that?

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Hroller McKnutt

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Oct 16, 2012, 10:38:53 AM10/16/12
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On Tue, Oct 16, 2012 at 9:18 AM, Travis Megee <twm...@gmail.com> wrote:
> Only if the individual gave their permission.
>
> Travis

Legally you don't need their permission... morally you should have it.

Mike
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George Fetters

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Oct 16, 2012, 10:47:12 AM10/16/12
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Legally I think we are good.  It will be a bit harder to get approval from everyone since only 5 people have requested their images so far.  If they don't fill out the form we don't have their email and can't ask if they are ok with it.



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Ryan/baslisks

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Oct 16, 2012, 11:02:23 AM10/16/12
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blur their face.

Chris Weiss

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Oct 16, 2012, 11:15:21 AM10/16/12
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is archon considered a public place? if so no need to blur, unless
they specifically request it.

John Reskusich

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Oct 16, 2012, 11:22:35 AM10/16/12
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Arch Reactor: if it's legal, it acceptable.

Why do we want to publish everybody's models? Wouldn't the few who do
want to be published be sufficient for our promotional purposes? Why
risk making people mad?



On Tue, Oct 16, 2012 at 10:15 AM, Chris Weiss <cwe...@gmail.com> wrote:
> is archon considered a public place? if so no need to blur, unless
> they specifically request it.
>

Chris Weiss

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Oct 16, 2012, 11:34:22 AM10/16/12
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why would they be mad? they knew we were "taking their picture", what
did we think we'd do with it?

Derek Sigler

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Oct 16, 2012, 11:40:23 AM10/16/12
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I really don't want to see all of them.  Just the top 3 or so.  Then perhaps an email link if someone did get scanned, they didn't make the cut but would like their file anyways.
-derek


George Fetters

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Oct 16, 2012, 11:42:21 AM10/16/12
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I was only thinking about a couple that are awesome.  Like the Veloci-raptor, Quasi Wolf, Darth Maul, Tie Fighter pilot, etc.

On Tue, Oct 16, 2012 at 10:34 AM, Chris Weiss <cwe...@gmail.com> wrote:
why would they be mad?  they knew we were "taking their picture", what
did we think we'd do with it?

John Reskusich

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Oct 16, 2012, 11:42:22 AM10/16/12
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We didn't spell that out.  We pitched them: "would you like to have a free 3d scan of yourself to download later."    It kind of implies we are doing it for them and it's theirs to control.  

We didn't have anybody sign a release for the right to publish their image. 

It may be legal, but I would be annoyed if it were me.  

On Oct 16, 2012 10:34 AM, "Chris Weiss" <cwe...@gmail.com> wrote:
why would they be mad?  they knew we were "taking their picture", what
did we think we'd do with it?

Kim Walta

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Oct 16, 2012, 11:50:06 AM10/16/12
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Should still have them sign a release. Especially if they're a minor, we need parent approval.

It 's legal protection that says,  "we can do what we want with this image and we dont have to pay you."

On Oct 16, 2012 10:34 AM, "Chris Weiss" <cwe...@gmail.com> wrote:
why would they be mad?  they knew we were "taking their picture", what
did we think we'd do with it?

John Reskusich

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Oct 16, 2012, 11:50:11 AM10/16/12
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Never mind.  Do what makes sense to you.   I am overly cautious.  

George Fetters

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Oct 16, 2012, 12:01:29 PM10/16/12
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I don't think we would want to post any of the scans of minors. 
Its more about the 3D scans of the really cool costumes.  I think we will not get many that will remember the link to get their 3D image.  If we don't get their email we can not ask for permission.

These images were not private they were in a public place and the participants signed up to do it.  I will ask the people that have responded that we want to show and see if they agree to let us display their images.

Hroller McKnutt

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Oct 16, 2012, 1:00:47 PM10/16/12
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On Tue, Oct 16, 2012 at 10:50 AM, Kim Walta <kimw...@gmail.com> wrote:
> Should still have them sign a release. Especially if they're a minor, we
> need parent approval.
>
> It 's legal protection that says, "we can do what we want with this image
> and we dont have to pay you."

IANAL, the convention space wasn't "public" because you had to pay to
get in. That doesn't change the fact that unless you're using it for
commercial purposes, you don't need a release.

I still wouldn't post the scans without at least getting a written
(email is probably fine) ok from the person, but legally it's not
required. (even for minors)

George Fetters

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Oct 16, 2012, 1:09:45 PM10/16/12
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Hmm, This brings up a new question.  Do you have to get written consent for pictures taken at Archon?

Xsfx2000

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Oct 16, 2012, 1:11:27 PM10/16/12
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Usually I hear this: "Can I take your picture?" later, some has posted them on FB.

George Fetters

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Oct 16, 2012, 1:13:25 PM10/16/12
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Right, but "Can I take your picture?" equate to "Can I post your image for eveyone to see?"

George Fetters

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Oct 16, 2012, 1:14:34 PM10/16/12
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BTW I would like to take this farther.  If we get permission I would like to submit some of the images to Hack-A-Day with what we did.

Xsfx2000

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Oct 16, 2012, 1:22:07 PM10/16/12
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I figure a good point of reference could be asked here: infor...@archonstl.org
Also, as requests for meshes come in, we should forward a request for open use of
their mesh & imagery for AR promo purposes. That way we'd be covered. (and we only need ask the
people we plan to showcase.)

Xsfx2000

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Oct 16, 2012, 1:24:12 PM10/16/12
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What was the url we were telling people to go visit for their mesh?
Maybe we could edit that page with a request for open use?

George Fetters

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Oct 16, 2012, 1:53:36 PM10/16/12
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Thats a good idea.  Let me add a checkbox for that.

On Tue, Oct 16, 2012 at 12:24 PM, Xsfx2000 <xsfx...@gmail.com> wrote:
What was the url we were telling people to go visit for their mesh?
Maybe we could edit that page with a request for open use?

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John Reskusich

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Oct 16, 2012, 1:58:40 PM10/16/12
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Generally, you are taking a risk publishing somebody's photo without a
release. People do it all the time. Most of the time it isn't an
issue. Facebook is a good example of this. It is always better to
get people's permission. It is even better to have it documented.
Especially if an argument could be made that you are profiting from
it. For my burlesque photography, for instance, there is an
understanding with the models that by being part of the production
pictures will be taken by a limited group of vetted photographers and
that the photos will be published to promote the photographers and the
event/performers. No permission needed. However, since there is no
written consent from the performers, if I published something for a
profit they could sue me for damages. I would probably win. But
maybe not and it would cost money defending myself. As a courtesy and
as a form of protection, I generally ask before I publish their
photos. Usually, they are cool and give me blanket permission to
publish whatever I want. I still do not have a release form and I am
taking some risk, but at least I know they are okay with the activity.
It's respectful to ask and not assume.

If you publish without permission, will it be a problem. Probably
not. Very unlikely. Especially in a public event. But, it could and
at the very least it is disrespectful. Asking "May I take your
picture" is not the same as "may I take your picture and sell it for a
profit or publish it anywhere I choose."

You could probably go either way with this. I was arguing for the
most respectful stance. Opinions on this practice vary.











On Tue, Oct 16, 2012 at 12:24 PM, Xsfx2000 <xsfx...@gmail.com> wrote:
> What was the url we were telling people to go visit for their mesh?
> Maybe we could edit that page with a request for open use?
>

John Reskusich

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Oct 16, 2012, 1:59:17 PM10/16/12
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The webpage approach is a very good approach. That would alleviate my concerns.

Hroller McKnutt

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Oct 16, 2012, 1:59:38 PM10/16/12
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On Tue, Oct 16, 2012 at 12:09 PM, George Fetters <gfet...@gmail.com> wrote:
> Hmm, This brings up a new question. Do you have to get written consent for
> pictures taken at Archon?

http://www.krages.com/ThePhotographersRight.pdf

What *I* would (will, in fact) do, I will post the photos, if someone
wants their pic taken down at an event like this (it's private, you
had to pay to get in) I take it down, if someone demands I take them
all down I tell them to shove it UNLESS it's someone from the event,
then it kinda depends how much of an ass they are (because that
modifies my response), but generally they would get taken down.

It's ALWAYS safer (sadly) to get a stupid piece of paper that says
"ok, do this", but if it's in public it's not REQUIRED unless you're
doing it for commercial reasons (ie, filing an ad, using them to
promote a business... if you're just taking them to put online for
yourself and your friends it's legal).

George Fetters

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Oct 16, 2012, 2:01:28 PM10/16/12
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Ok the question is on the form.  It asks if we can use their scan or images to showcase what we did at Archon.

John Reskusich

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Oct 16, 2012, 2:03:17 PM10/16/12
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We are publishing them to promote a business.

George Fetters

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Oct 16, 2012, 2:08:38 PM10/16/12
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Ok I have approval for one of the best images.  The Veloci-raptor.  Would someone like to post this on our facebook page?

Inline image 1

On Tue, Oct 16, 2012 at 1:03 PM, John Reskusich <john.re...@gmail.com> wrote:
We are publishing them to promote a business.
image.png

Hroller McKnutt

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Oct 16, 2012, 2:09:04 PM10/16/12
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On Tue, Oct 16, 2012 at 1:03 PM, John Reskusich
<john.re...@gmail.com> wrote:
> We are publishing them to promote a business.

I disagree, we're not a for-profit business attempting to monetize
the scans. Short of asking a lawyer to chime in I don't think we will
have a concrete answer on this issue.

It's best to have permission either way just to cover our butt.

kwalta

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Oct 16, 2012, 2:17:55 PM10/16/12
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I work at a 501(c)(3) and we just had a meeting that mentioned requiring photo releases. Since we're trying to pursue the nonprofit route it might be best to be informed of any potential missteps that can occur. It isn't a big deal to ask for someone to sign a form. If they make a huge stink about it, we wouldn't want give them any recognition anyway. Maybe we can get our lawyer to draw us up a form?

So long as the people we take pictures of aren't identifiable, I think we're safe. Think of how the media takes videos of people walking around from the waist down.

-Kim

Chris Weiss

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Oct 16, 2012, 2:20:34 PM10/16/12
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On Tue, Oct 16, 2012 at 1:08 PM, George Fetters <gfet...@gmail.com> wrote:
Ok I have approval for one of the best images.  The Veloci-raptor.  Would someone like to post this on our facebook page?


posted. 

GeekTinker

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Oct 17, 2012, 8:14:54 PM10/17/12
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No lawyer is needed to write up a form. These types of forms are all over the Internet.


Just change the wording to reflect "3D Scan" in addition to photograph and include Arch Reactor's name and replace the logo with ours.

This is a serious issue though, as one lawsuit over it could shut down Arch Reactor completely due to finances.  Sometimes just taking the image down isn't good enough for some people.  A person with the lawsuit mindset won't realize that AR is a non-profit without any money.  They will likely only see dollar signs.  It's a shame that liability seems to run the world, but to be sure going forward, we need to be cautious.


Gene
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