WEBVTT
Kind: captions
Language: en

1
00:00:00.000 --> 00:00:03.420
Right now, I am putting myself at risk of being sued.

2
00:00:03.580 --> 00:00:08.120
Why? Well, I'm filming in public, in Paris, in France.

3
00:00:08.120 --> 00:00:13.120
And French privacy law is some of the strictest and worst-defined in the world.

4
00:00:13.460 --> 00:00:18.020
See, it's been built over years, not by lawmakers, but by judges and case law.

5
00:00:18.160 --> 00:00:22.900
And what it means is this: just having someone identifiable in the back of my shot,

6
00:00:22.900 --> 00:00:26.900
even if I then don't publish it, might be grounds for someone to sue me.

7
00:00:27.340 --> 00:00:30.240
Or, maybe it won't. It's unclear.

8
00:00:30.480 --> 00:00:33.960
There are cases that have gone both ways. Maybe I should blur anyone's face

9
00:00:33.960 --> 00:00:36.920
who's even remotely in the back of shot, or

10
00:00:37.140 --> 00:00:39.560
maybe I shouldn't. It's still unclear.

11
00:00:39.560 --> 00:00:42.400
Maybe, if there's any modern architecture in the back of the shot,

12
00:00:42.400 --> 00:00:45.120
I should blur it out because that's copyrighted.

13
00:00:45.280 --> 00:00:48.040
Or, maybe under some other cases, it isn't.

14
00:00:48.160 --> 00:00:52.520
One thing has been clear though: I can take a photo of the Eiffel Tower in daytime,

15
00:00:52.580 --> 00:00:54.980
and it's fine, it's not under copyright any more.

16
00:00:55.280 --> 00:01:00.000
But, if I take a photo at night, the lighting design on it - that is copyrighted.

17
00:01:00.000 --> 00:01:03.800
And so, I'd need a license before I were to publish that online.

18
00:01:03.960 --> 00:01:07.360
To make matters even more complicated, I am British,

19
00:01:07.460 --> 00:01:09.560
and I'll be publishing this when I'm in Britain,

20
00:01:09.700 --> 00:01:11.840
to YouTube which is an American company,

21
00:01:12.320 --> 00:01:14.540
which has an office in France.

22
00:01:14.640 --> 00:01:18.500
It would be a complete mess. Maybe I'd win if someone brought a case against me,

23
00:01:18.500 --> 00:01:22.920
maybe I wouldn't. But, either way, there'd be a long and costly legal battle.

24
00:01:23.500 --> 00:01:28.540
British law has a reasonable expectation of privacy in your own home, or in a private place

25
00:01:28.540 --> 00:01:31.440
but in public, if you're filmed, there's not much you can do about it.

26
00:01:31.660 --> 00:01:35.200
American law is much the same based on their First Amendment,

27
00:01:35.200 --> 00:01:37.640
and their very strong freedom of speech laws.

28
00:01:37.800 --> 00:01:43.320
But here? Well, France puts the power very much in the individual and their right to privacy

29
00:01:43.320 --> 00:01:45.000
over my right to film them.

30
00:01:45.480 --> 00:01:49.820
Maybe that's right. Maybe that's wrong. And, as for all these tourists around here taking photos, well...

31
00:01:50.280 --> 00:01:51.840
let's hope nobody sues them.

32
00:01:53.680 --> 00:01:55.680
[Translating these subtitles? Add your name here!]

33
00:01:59.940 --> 00:02:01.540
Bye bye, Duggan!

