GRに限らないのだが本日は「写真の法律」の話。
今現在において恐らく「著作権」とか「肖像権」とか「プライバシー権」、そして「意匠権」などなど広義での著作物にまつわる法的な制約があることはご存じの方も多いと思う。最近のフォトコンテストなどの応募要項には必ずこうした権利関係が明確な作品に限る旨書かれてたりもする。
でも、その辺を理解していないアマチュアはもちろんプロも多い。
私はかなり法的な制約に関して最大限注意を払っている方だと思う。お気づきの方も多いと思うが当サイトでは「人物」もしくは「人物が特定できるような写真」というのは滅多に使っていない。使ったとしても興行で演じている人などで個人利用に限定するならば問題ない。それ以外に関しては承諾を得れば可能という法的解釈もあるにはあるが、そうして撮った写真の場合後々の扱いに困るケースが出てくることがあるので個人的には避けている。クレームになるとそれはそれで面倒だし、そうしたクレームに対応する自信はあるが、それでもリターンに見合わないリスクを犯してまで撮ろうとは思わない。こうしたクレームというのは本当に労力に比して得るものが何もないケースがほとんど。
例えば、「口頭での確認」というのは法的にはOKであるが、コンテストや営利目的の媒体に掲載した場合などは後々クレームになることもある。実際、私が昔働いていた会社では契約書を交わしていたにもかかわらず弁護士を介したトラブルに発展したケースがあった。
また、「建造物」に関しては基本的に公共性の高い場所で露出している建物というものは問題ない。車なんかも同様。ただ、構図の一部なのか、主たる被写体なのか、どういう使い方をするかで解釈が変わる場合も多い（※今日の写真のMINIの写真を「トヨタの○○だ！」と書いてしまうような観る人に対して誤解を招くような表記はNG）。
そして建物に関しても細かな制限のある場合がある。
例えば六本木ヒルズは敷地内での撮影には制限がある（※記念撮影程度なら問題無いと思われる）。撮った写真を写真展などで発表する、営利目的で利用するなどは事前に管理会社の承諾が必要だし、場合によっては企画書の提出が求められる。ただし、敷地外からの撮影であれば問題ない（※そうは言っても「死者と逮捕者を多数出した呪われているビルです」、と言った誹謗中傷と捉えられるような表記をすると名誉毀損になる）。
あと、国際フォーラムなんかも制限がある。こうした施設の中には「有料で撮影可」という場所も珍しくない（※商用撮影利用を有料で利用できる建物は多い。またスティル、ムービーと言った用途で利用料金設定が違うところがほとんど）。そう考えると軽々しく知らぬ場所で写真を撮るというのは面倒ということになる。
そしてたまに「撮影お断り」という紙が貼られた建物を見かけることがある。ただし、この「張り紙」の法的効力というのは実際のところ公道などから撮影した場合は効力が無い（※敷地内で撮影した場合アウト）。ただ、私の場合はそうした張り紙をするまでに至ったということは所有者が過去にイヤな思いを散々したことの結果なのでわざわざそういう物が写り込むような撮り方をしないことにしている。さらに、他人の家の窓の中が偶然写ってしまった場合はプライバシー権の問題が生まれる（※窓に干してある洗濯物の場合は撮影時のシチュエーション、用途によると思われる）。
私自身が当サイトで使っている写真というのはこうした様々な制約をクリアした写真であるというのが一つのウリである（※たまに判断に迷う写真もあるが99%クリアしている（と思う））。
そしてもう一つ写真の「著作権」について。
写真の著作権は誰に帰属するか、というのはご存じか？
・
・
・
正解は「シャッター押した人」なのです。カメラの所有者ではありません。私の場合、facebookで使っている写真は「自分の写真」はセルフタイマーで自分で撮影している。
また、著作権は納品物に関しても有効で、譲渡したあとも著作権は撮影者に帰属する。なので契約するときに「優先使用」とか「独占使用」と言った文言が付いたり、「著作権は株式会社○○に帰属する」なんてことが書かれる場合があるわけです。まぁ、皆さんこの辺を意識する必要は無いと思いますが、単にパシャパシャ撮っているだけに見える写真でもいろいろと細かな決まり事があるってこと。
その一方、著作権に関して言えば撮った写真の権利も責任も自分にあることの裏返し。権利を主張することはできるがそれと同様に責任が問われる。そういう意味では権利と責任の重さは均衡した関係にあるとも言えなくもない。
それでなかなかこうした問題に関する書籍というのが無い。私ですら概念は知っていても実際のケースとして不安になることも多々ある。営利、非営利でも解釈が微妙に異なることもある。営利目的でもそれがストックフォトなのか、媒体掲載なのかでも起こりうるトラブルの質は異なる。
それで日本写真家協会が出している↓の本がスナップ撮影のガイドラインとして良書。
いろいろとケーススタディが豊富なのと「日本写真家協会」という日本で一番大きな写真協会の出版物なのでこの内容をガイドラインとすればトラブルが起こる可能性は低くなる。それに今まで「？」と思って撮っていた疑問がクリアになる。機会があれば立ち読み程度でも一読しておいた方が良いとは思う。
－－－
本日のお題は書き出すとけっこう細かかったり、グレーな部分も多いのでザックリとした説明しかできていないがあくまで概要を押さえるだけでも違うと思う。そんなに細々した決まり事があるなら撮れる被写体無いじゃないか！と思われるかも知れないが、やはりそうした部分を越えることも「撮影技術」の一つだと思う。
（参考：肖像権がグレーな写真）
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