Which contracts photographers should consider using

Which contracts your clients should sign A photographer asked a great question about contracts recently: I would like to redo my contracts. Would like to know what do you get clients to sign before a shoot? Disclaimer: This note is a fairly broad overview of many of the major themes you, as a photographer, shouldContinue reading “Which contracts photographers should consider using”

Revisiting “front page of the newspaper” wisdom

I’ve been preparing for my presentation at the Advertising and Marketing Law Conference on 15 October and reading through some materials I’ll probably reference in my slides. One paragraph just stood out for me in Anil Dash’s article “What is Public?“: The conventional wisdom is “Don’t publish anything on social media that you wouldn’t want toContinue reading “Revisiting “front page of the newspaper” wisdom”

Privacy is contextual and social, less legal and technical

Privacy is more than a couple settings and a consent checkbox on a form somewhere. Privacy and publicity seem to be pretty straightforward concepts and, legally, they are treated fairly superficially and defined mechanically. A result of that is a similarly superficial treatment in conversations about privacy and publicity in social and commercial engagements whichContinue reading “Privacy is contextual and social, less legal and technical”

Apple tells developers not to share health data with advertisers

According to The Guardian, Apple has imposed contractual restrictions on developers that prohibit them from sharing health data they may receive through an anticipated range of health-related apps which iOS 8 will usher in through a platform called HealthKit: Its new rules clarify that developers who build apps that tap into HealthKit, of which NikeContinue reading “Apple tells developers not to share health data with advertisers”

Sharing more with Facebook to improve its value

This point in Kevin O’Keefe’s article titled “Facebook eliminating the junk in your News Feed” on Facebook “click bait” made an interesting point about using Facebook more to improve its value to you as a user: All too lawyers and other professionals I speak with complain about all the junk they see on Facebook. PartContinue reading “Sharing more with Facebook to improve its value”

Facebook Messenger is not the privacy threat you should be concerned about

Many people are focused on the permissions they give Facebook when they install Facebook Messenger and are concerned that they are giving Facebook excessive access to their devices. This isn’t necessarily the case and this growing panic may be more a function of how Android permissions have to be obtained than a real privacy threatContinue reading “Facebook Messenger is not the privacy threat you should be concerned about”

Wanting privacy shouldn’t be conflated with having something to hide

Memeburn has a good article titled Privacy is worth protecting, even if you have nothing to hide which is a great reminder that privacy isn’t about having something to hide. There are many valid reasons to insist that your right to privacy be respected: The reason most often given for failing to consider digital privacyContinue reading “Wanting privacy shouldn’t be conflated with having something to hide”

Is sharing naked photos of your kids child pornography?

(Update 2014-06-12): Professor James Grant, an Associate Professor of Law at the University of the Witwatersrand, has published an article on his site, titled “Child Pornography: Distribution by Parents“, in which he explores the implications of the Criminal Law (Sexual Offences) Amendment Act which also deals with child pornography. That Act also has a prettyContinue reading “Is sharing naked photos of your kids child pornography?”

Reasonably practicable compliance with POPI is not enough

When considering how much you should do to comply with legislation like the Protection of Personal Information Act, you have three choices: Do as little as possible and see what you can get away with; Calculate the degree of “reasonably practicable” compliance required and stick with that; Adopt a more holistic approach to compliance. OfContinue reading “Reasonably practicable compliance with POPI is not enough”