[Gendergap] Consent for photographs on Commons

[Sarah]

On Tue, Sep 13, 2011 at 17:39, Ryan Kaldari <rkaldari at wikimedia.org> wrote:
> I added a new parameter to the template for indicating full consent. If
> you use {{consent|full}} it outputs:
> "I personally created this media. All identifiable persons shown
> specifically consented to publication of this photograph or video under
> a free license, granting unrestricted rights to redistribute the media
> for any purpose."
>
> If you use {{consent|basic}} it outputs:
> "I personally created this media. All identifiable persons shown
> specifically consented to this photograph or video."
>
> I think it's important that both options are available, since we should
> allow people to indicate different degrees of consent. There's also a
> parameter, 'public', for photographs without consent of people in public
> places (which explains some of the issues involved in that particular case).
>
Hi Ryan, I think it's a good idea to have two templates (and thank you
for creating them), but is it not important in the basic one to signal
its limitations? For example, we could say: "I personally created this
media. All identifiable persons shown specifically consented to this
photograph or video being taken, but may not have consented to its
publication or release."

We have three basic scenarios we are dealing with:

1. Someone takes a photograph of a person without their knowledge.
This is voyeurism if done for the purpose of sexual gratification, and
that's something we should never allow to be uploaded in my view,
because it's a criminal offence in some jurisdictions, and always
unethical.

2. Someone takes a photograph of a person with their knowledge, but
publishes it without their knowledge. This is almost as bad as (1) if
it's in a private space and there's a sexual element.

3. Someone takes a photograph of a person with their knowledge, but
releases it under a free licence without their knowledge. This means
the author can't easily withdraw the image, or control how it's used.

So the problem with the basic consent template as written -- "I
personally created this media. All identifiable persons shown
specifically consented to this photograph or video" -- is that it
implies to the unsuspecting that consent has been given to take the
image, publish the image, and release the image.

Sarah