----- Original Message ----- From: "Bob W" Subject: Re: Free Market Photography? (was: Re: No more photography in Europe?)
> According to the article it becomes illegal to publish the photograph > without the subject's (or indeed subjects' - there may be other people > in the picture) consent. > > There is a presumption of innocence, so in any court case the > publisher does not have to prove that they _have_ consent. Rather the > plaintiff has to prove that the publisher does _not_ have consent. The presumption of innocence is more and more becoming a thing of the past, as civil suits are becoming a replacement for criminal prosecution. The requirement for burden of proof shifts. Witness O.J. Simpson being found not guilty of murder, but still being sued for the death of his ex-wife. I realize that this is a different jurisdiction from yours, I put it out there as an illustration, no more. If you publish my picture, I can sue you for unauthorised use of my image, anf you have to prove you had my permission. This is pretty much how this sort of law would work in a civil trial system. William Robb
