Saturday, November 13, 2010

Lawsuit waiting to happen??

Do any of you think there may be some conflict with self-publishing a book of over 400 mug shots I've collected for the past year or so?

They are originally published online from the El Paso Police Department's website from which I then download. I've been collecting them for some time now without knowing exactly what to do with them. There's a bunch on my website and I usually use them as an avatar.

Each page of the book will have one photo with the person's name below.

Perhaps, some of you may have some information regarding possible privacy or copy right infringements (although they are public record).

Any thoughts?



Irma Hernandez



Megan Morgan




April Martinez




Ernesto Delgado




Ricardo Ambroise




Jesus Soria

12 comments:

  1. I heard RISD has a lawyer available for free consultation!

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  2. Ooh! Music to my ears. Thanks, Dan.

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  3. Good idea of Dan's. I can tell you from a photographic copyright law perspective that you'd definitely be in breach if you didn't have signed model releases from each and every person plus written permission from the El Paso Police Dept.

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  4. On the plus side, if you go ahead without permission and you happen to be in El Paso at the time, you'd end up with a mug shot of yourself!

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  5. Hmm...well, I know they don't get permission to publicize their photos once arrested even though they aren't officially convicted. Don't ask me how I know. Worst case scenario: I print one and don't make it (too) public. I'll investigate further, my dear Watson(s).

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  6. just do it. haha. but be aware of what may problems may arise.

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  7. Hi Keith,
    RISD's Steve McDonald will be able to advise.
    I think the photographs would make a compelling book. However, if a mugshot of me, or my daughters, were included, I wouldn't like publication without permission of this possibly painful moment. If the police published books of mugshots, I would think it wrong. If an artist publishes a book of mugshots, I would probably think it wrong too. Why take more from people who have already lost a lot? That's my point of view right now but I am very open to hearing your point of view.

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  8. I think that if me publishing mugshots is ethically questionable, than the police departments which do it should also be questioned.

    Nonetheless, my idea of formulating a book full of them, I just found out, isn't exactly new. There are plenty of magazines which do the same thing for profit (http://www.bustedmagazine.com/). Yuck!

    Maybe I'll just stick to printing them on coffee mugs or for my own personal viewing pleasure.

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  9. I'm interested to know the stake for you in publishing the photos. The for profit motive is repugnant to you. The police dept publication seems more acceptable. When you were thinking of a book, were you thinking of the frame as art? Or ambiguous? Were you thinking of a preface? Or any text other than names? Would such a book be in any sense a tribute to the people whose mugshots were taken? Or do you think of yourself as making a match between involuntary subject + viewer? Do the photos feel like more like a collection (to share) than a set of references? Sorry about all the questions. I'll go to sleep!

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  10. The photos are just plain fascinating to look at. I like how the people portray El Paso, especially if the names appear, but not so much in a negative light of being criminally minded, but just the demographic of the region.

    It wasn't until our class, especially with all the talk about self-publishing, I got the idea to put all those images in a book context. I wan't exactly thinking about it being art, or an art book, but yeah, I guess something just unclear.

    Initially, I had not thought about a preface; however, it may be more appropriate to do so as in to distinguish my motive for the book (if I decide to go along with this): questioning the ethics of the El Paso Police Department/City government to publish images of arrestees without a formal conviction. We are entitled to be granted due process prior to punishment, but this is not happening here. I don't foresee any other text besides their names with the exception of a possible preface.

    I'm not sure I can answer the last two questions yet. They are definitely being volunteered without permission twofold and I wonder how one of them might feel to see themselves in the book, separate from the EPPD site. I definitely feel that the photos are worth sharing, but not for the same reason as originally published. I'm not interested in using them to deter other criminals or to make the El Paso community aware of what crimes are taking place and who are supposedly doing them. I'd like it to go back to the mugs' origination and how messed up it is to have them there for public mockery in the first place. My publicizing them is an echo of how they were initially made available.

    I think it's easy to deem the police dept. usage as more acceptable except when it's your face on there.

    One other thing I should probably mention, just to get it out there, those mug shots are only online for viewing for about two weeks. They are eventually replaced from the continuous onslaught of others.

    (thinking, thinking, thinking)

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  11. Hey Keith, I don't think the police dept publication is acceptable at all. What I meant to say is:

    "The for profit motive is repugnant to you. The police dept publication seems more acceptable (to you)."

    I thought you were saying something like that in an earlier post (attempting to communicate through writing can be very snarly).

    I didn't know the police dept could do something like this. I get the idea you object to it (I do). It's interesting that your objection would take the form of duplication. How do you think the subjects would read the difference?

    I know you probably can't WAIT until we all get together to discuss this on Wednesday. that's perfectly understandable. GO WAAD!!!

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  12. (gulp) this thread will self-destruct in 10 seconds...10...9...8...7...6...5...4...3...2...1...

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