Uploading Vlogs and related portrait rights

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it's time for
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law in our life that means that hyunju
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who is a lawyer that practices here in
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the city of guangzhou is in our studio
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and she's going to tell us all about
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some korean laws hello hyunji
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hi how are you doing good how are you
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doing i'm all right
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what have we got for today you said it's
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a little bit related to what we had last
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week
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yes it's an issue related to privacy
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rights
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now last week of course we were talking
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about whether parents have the right to
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put up pictures of their kids
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online now what are the privacy rights
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about today today
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uh i like to talk about posting youtube
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vlog with somebody else in it okay which
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you're kind of doing right now yes all
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right i should pay attention then
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tell us about this yes many of you have
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seen daily blogs
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or daily vlogs on youtube as they post
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their daily life
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often in the video they filmed the
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passersby
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as background features would it be legal
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to fill them or take photos of people
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around you and post a video or photos
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with their face
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identifiable on your social media
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accounts all right well
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now tell us about it yeah give me an
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example sure
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let's imagine you're filming your vlog
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in the cafe
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and happen to have some patrons in your
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frame
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one may come over and ask you to delete
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the file as you infringed her privacy
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right
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yeah one may one but wonder whether even
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an ordinary like
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lay person has such rights even though
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they are not celebrities
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well i i hope that celebrities don't
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have special rights
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you know we should all be all have the
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same rights whether or not we're famous
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i have trouble imagining having an ego
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big enough to take a vlog of my daily
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life in a cafe
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but if i did maybe my ego would be
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strong enough that i'd want to say like
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well no i'm doing you a favor
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you know you're going to be famous so
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is there a result of this in the korean
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legal system
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yes according to korean supreme court
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a person holds portrait right which is a
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right that one will be protected against
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any attempt by others to film describe
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publish or commercially use one's
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image or like face or bodily features
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that makes one identifiable
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okay so such right is constitutionalized
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right under constitutional law article
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10
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provision 1. there we go it's in the
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constitution
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people yes all right so
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what do we have to do then to get around
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this yeah therefore
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one would like to follow or publish
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other persons
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like with other person's face or bodily
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features that makes one identifiable
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yeah they should get the prior consent
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from the person who will be filmed or be
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taken photos right okay i can remember
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something like this my first year in
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korea
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out in front of a store they were like
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they're getting people to taste beer
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and then like getting their reaction but
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when you did that you had to sign
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something
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all right because they were because they
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were you know taking a video of you
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right maybe they were going to use you
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for some kind of commercial or something
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like that
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so i guess there you're signing away
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your right yeah to be used in that
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all right are there uh some exceptions
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to this because i mean some places are
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public
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yeah the photo shooting or following in
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the public space does not show them
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so in the previous lawsuit or one argued
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that as
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it is a public space that are open to
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public
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they have a right to filament but photo
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shooting is and so they argued photo
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shooting in public space is not illegal
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but the court did not agree
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oh so there's precedent yes even if it's
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in public
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yes okay anything else that we should
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know also the consent of filming or
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photo shooting itself cannot be
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sufficient in certain cases
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so as you said even though you like
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consent on like being filmed
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if you do not agree that like you will
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be appearing on the commercials
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and it's a different thing okay they
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can't trick me no
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they have to tell me if it's being used
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for political purposes or advertising
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or shows or something okay so depending
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on the purpose of
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photo shooting the objective of release
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or publication of the film or
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photos or like commercial practices
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or the party's relevant knowledge
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experience
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social status or whether the
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compensation was given or not
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or whether the party might have agreed
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differently if
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he had known that the about the
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publication method etc
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the filmmaker should have got the
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consent on the scope
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of such release or publication method
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if he intends to spread it beyond the
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like socially acceptable boundaries like
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not only just posting on his account but
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trying to use it for
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like advertisements so it means that one
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has
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a right not to be published
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all right the right to not be published
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yeah so the consent to
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the photo shooting is one thing and the
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consent to
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upload it is different another thing so
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let's say that you took a photo of your
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girlfriend while you were meeting
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each other and after you broke up if you
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post your photo online
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it's assumable that it will be against
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her will right because she
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agreed on like photo shooting itself but
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she may not agree on like spreading it
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right and of course that that's really
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important for like
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revenge porn right when people post
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intimate pictures or intimate videos
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sure after a bad breakup and so i guess
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that would make that illegal
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yep okay good it should be illegal now i
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understand you have kind of an example
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of this happening in korea
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yeah there was an interesting case about
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the portrait right okay
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so one photographer took a photo of a
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person
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enjoying the poryang mud festival
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mud festival is famous for like all the
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activities
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oh yes and using in the mud yeah so much
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fun i i went there in 2006
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when i was a young man and it's a it's a
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wild
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place yeah so the photographers
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submitted that photo for the polyang mud
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festival
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poster competition and the photo was
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selected
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and it became the poster to advertise
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the festival
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one day a friend
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found the lady in the boreal mud
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festival poster
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on the subway bulletin okay so like she
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called the lady and said oh i found you
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on the poster
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yeah the lady a festival participant
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in the photo was upset and she was
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sitting on the shoulder of a man
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with a mod on her face right wearing a
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bathing suit right yes
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so she was very very embarrassed yeah so
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she filed a lawsuit against the podium
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city
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festival committee a photographer in the
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news media
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the court decided that the defendant
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should
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compensate for her emotional distress
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okay
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that's interesting and you know this
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actually makes me think of something
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that i used to see in the news here not
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as much anymore
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but it used to be in the korean news
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that when the weather would get nicer
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you'd always see
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these these pictures in the news and it
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would be of weight
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women in bikinis at beaches
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or in swimming pools in hotels like even
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like
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even like with a camera shot like
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between the the bars of like the fence
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and it was always like saying oh the
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weather is nice because look these
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people are
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sunbathing but you always i mean
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the purpose of the pictures was always
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to show
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women in bikinis right you know like sex
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sells yeah right you know they're
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they're they're tr it's it's tr try to
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get readership
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and it always struck me as really creepy
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because i'm sure nobody got their
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permission for that
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uh and so this seems like something like
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that right
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yes but it it happened in like 2015 this
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case was 2015 right yeah this was
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this was a little while ago so i think
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nowadays
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the journalists would be more aware of
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such
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uh issues i don't see those pictures
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anymore oh yeah right
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over you know it's it's probably been
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about five years since i saw it
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so maybe this case was a big one and the
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boy young mud festival used to be a
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a big famous one that that would happen
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with right whenever
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you saw pictures of the mud festival it
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would always seem to be pictures of the
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most girls in bathing suits possible
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yeah and so yeah maybe they've uh
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i don't know are operating with a little
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more integrity now so that's good
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actually in this case the news media was
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exempt from liability because they said
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when the news media got the photos with
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the kind of like news articles from
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podium city
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they couldn't like go back and check
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whether the persons
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on the photo agreed were made consent to
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the photo shooting so they can be like
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exempt from liabilities but for the
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boring city or
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the photographer right yeah they they
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are reliable for
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the damage okay so i guess people have
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to be careful right
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sure so what if like that example what
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if the person comes over says
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you have to delete your video would i
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have to delete it
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um or i need their permission to put it
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on my vlog
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you may um then you can ask
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for their um consent permission or
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you can say like i will then blur you
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okay right and of course we see that
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often in korea
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with pictures of people in the newspaper
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or in the news being blurred
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yeah you know or uh i guess i don't even
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change their voices
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right yeah the voice check i always
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thought that was really funny
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watching korean news they do the voice
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changing so often
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yeah that's uh we don't see that as much
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in our media
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all right that's cool so it sounds like
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this there's you said you know this is
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in the constitution there's precedent
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and some modern examples so our image is
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protected
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now this is of course available online
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right yes
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uh you can find this segment in youtube
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and my youtube channel
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you can find me by searching korean law
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101 on youtube
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all right well thank you so much for
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coming in thank you for having me
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bye bye bye
 
 

 

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