Copyright for Speeding Photo If I get a ticket for speeding in Germany with a photo taken by an automatic camera, is there any copyright attached to that photo, or can I use it without asking the state for permission?
A flash photo (Blitzfoto/Beweisfoto) is a technical aid (Technische Hilfsmittel) for the speed limit enforcement (Geschwindigkeitsüberwachung). They are created for the sole purpose to be used as evidence for a fine notice (Bußgeldbescheid) and must originate from a responsible authority (i.e. not privat persons or companies) that is determined by state laws. It is an integral portion of the file (Akte) of the notice. The file belongs to the responsible authority (generally called Bußgeldstelle). Since it is a combination of technical data togeather with a photo, the copyright rules for a photo should not be assumed. flash photo of a culprit flying 15 km/h over the 30 km/h speed limit The responsible authority will not have any copyright, due to §5 UrhG, but it still belongs to them. Sources: Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG) §5 - Official works §10 - Presumption of authorship or ownership
An officer is allowed to pull you over for speeding and then decline to give you a ticket for speeding. So the lack of a ticket has nothing to do with it (unless you actually weren't speeding, not even 1 MPH over.) Simply having past felonies, however, is not a reason for an officer to be able to search the car. Without a warrant, he'd need probable cause, consent, or some other exception to the warrant requirement. It's impossible for me to say what happened here. Maybe your husband had an outstanding arrest warrant? Maybe the officer saw the gun from outside the car? Maybe one of you said "OK" when he asked to search the car? Or maybe the search was illegal after all?
Copyright is automatic - it starts to exist when you create a work of a type protected by law. Lyrics are such a work, and thus your lyrics are protected. Even the fact that the lyrics go with an existing (public domain) melody is protected. In addition, your recording is protected. However, the melody is probably not copyrighted, and does not become copyrighted merely because you re-used it. (Probably, because you didn't indicate how old, so I assumed old enough that nobody remembers the origin)
It is illegal in Scotland. There is currently no law specifically against it in the rest of the UK. If you find this is unbelievable, yes it is. There are attempts now to change the laws. PS. There are no photos taken "of the act". Taking the photo is the act. The pervs use a selfy stick or just get down on the floor to take photos, or take photos on stairs. PPS. News on Jan 16th 2019: "A new law will now be introduced in the next couple of months. It could mean that perpetrators might face up to two years in prison and are added to the sex offenders register."
You probably own the copyright, since this wasn't an explicit part of your job. However, there may be other legal reasons which preclude you from using them anyway; copyright isn't all there is. Since you are in the middle of an active dispute, you should consult an actual lawyer (which I am certainly not) for legal advice.
In germany, you are likely charged if you actively interfere. Let's preface this with the fact, that in Germany, people have a duty to aid in case of accidents, as long as you don't endanger yourself. The absolute minimum is to call the emergency service and not obstruct those that render aid. However, just not rendering aid is rarely charged. However, since a few years, people that slow down to make videos of crash sites or who stop to look at an accident, and in doing so block emergency helpers, are now almost routinely charged with obstruction of emergency workers, together with possibly other charges like assault and insult. One of the most prominent cases was in 2017, where the person attacked emergency workers and police. He was sentenced to 4 months for the various assaults and bodily injury. Based on this case (where the person was just sentenced for resisting police and assault), it ultimately lead to a new law. One of many cases that started in 2023 had a similar pattern but the charge is based on the new law: § 323 c Abs. 2 StGB - not delivering aid and obstruction of aiding persons. This law allows up to one year of prison time for hindering any person rendering aid. Also, creating pictures at accident sites that depict people or corpses and sharing them in a manner that is humiliating to the victims in itself can be a breach of § 201 a StGB - injury of privacy by means of photography. This can get a sentence of up to two years, and would most likely be joined by a charge of not delivering aid and obstructing helpers. Do note that this is not covering photos that were made for example as evidence of the situation or not shared with third parties. Being in peril yourself... When you technically are in peril yourself, you don't have to render aid. Being stupid like grabbing your carry-on luggage isn't technically covered by the law, and because the person is in danger themselves, it will be very hard for the prosecution to decide if they want to prosecute. If Alice just grabs her carry-on in panic and nothing happens as she evacuates, charging will be extremely unlikely, as in, the chance is nigh nonexistent. Bob, who steps out of the way of others while he calmly takes his things is not interfering with the rescue, and thus charging him is most likely not going to happen. But Charly, who blocks the path of everybody because he wants to go to the other end of the plane to get his luggage and does not let anybody pass and thus increasing the danger of the situation (or even cause death) might break the threshold that the prosecution is willing to prosecute to make an example out of him. The more egregious his behavior was, the more they might look into if other charges can become applicable. However, those other charges are usually not from the blocking or inaction, but from an action against someone that is in the same peril as the actor. If Dora during the building fire grabbed a fire axe and smacked it over someone's head while he was trying to evacuate her, so she could get her items from another room, that would be dangerous mayhem (§ 224 StGB, Gefährliche Körperverletzung).
I'm not a lawyer; I'm not your lawyer. Victoria The Road Safety Act 1986 (Vic) s 73A makes the obstruction of the operation of a safety camera or speed detector an offence. It is likely that the obstruction of a mobile speed camera would fall within this offence. The law does not restrict the operation of the device to police, and so it may not be relevant whether the car was marked or not. New South Wales Certainly, the obstruction of an authorised officer is an offense as per the Roads Act 1993 (NSW) s 240 and the Road Transport Act 2013 (NSW) s 173 Obviously these apply to NSW and Victoria only; I haven't researched the other states yet. It's possible, though not definite, that other states will have similar laws. It is also likely, though not definite, that people who attempt to obstruct it may be charged with obstruction of traffic in some way, as most states require you to not obstruct the normal passage of traffic unreasonably. (eg Road Obstruction (Special Provisions) Act 1979 (NSW) s 4)
Maybe. In many but not all situations, the police have a certain latitude in how they charge an incident. In many but not all socieities, speeding is seen as less morally repugnant than, say, theft or tax evasion. &quot;Can happen to anyone, oops,&quot; the excuse goes. So a credible expression of remorse might cause the police officer to issue a caution or verbal warning instead of a ticket. Unless you are in a place where there is a grossly antagonistic relationship between the police and the citizens, or where the police department relies on fines for funding.