What do you look for in an airsoft blog/channel?

[EvilMonkee]

Interestingly in the brief they asked if anyone had a problem being on video or photographs. No one objected.

When I go to Gunman games I usually ask not to be photographed as I am serving military.  Not cos I do a super secret squirrel job but cos I don't want the piss ripped LOL.

Thats one of the few sites that I have heard that actively mention it.

 

[Tommikka]

There is an argument to be made that videoing someone without their permission then posting it online shouldn't be allowed.  Perhaps express permissions should (not) be included in the waivers that everyone signs when they go to play?  @Rogerborg - your legal knowledge is better than mine, thoughts?

Photography & videos have legal implications but are not widely understood 

A blanket waiver giving permission would not help - but including information in the waiver that photography may take place is a start (though may not be read) and a mention in briefs etc

They give the option for individuals to object - for piss taking defences, just because you don’t want it, or you may have protection issues.

Legally I can take your photo in a public place, I can publish it online (social media, general internet etc), I can sell the photo - but I cannot make “commercial use” of the photo without your permission.  (If you sign off permission then I can use it commercially in many ways that you may not have thought of)

A site is a private place rather than a public place, so I need some form of permission to take photos - I could just take photos unless I’m told not to, I could be representing the site, I could be official/recognised media, I could be just some bloke taking photos of a fun day out 

 

[Rogerborg]

@Rogerborg - your legal knowledge is better than mine, thoughts?

Eh, I just LARP this stuff online based on reading statute and case law for giggles, I don't even do it as a part of my day job any more.

My understanding is that absent eliciting information about members of armed forces, police officers or the intelligence services which is likely to be useful to a person committing or preparing an act of terrorism, privacy is a civil matter cobbled together from the Human Rights Act 1988 (which only applies to public bodies) and prior and subsequent common (judge-made) law which has been influenced by the HRA and ECHR.  The cases that turn up are mostly cause célèbres rather than Joe Public.  Despite many broken promises, privacy expectations between private individuals hasn't been codified in statute law yet.

tl;dr version - you won't know if you have a case unless and until you get it before a court.

One thing I would mention is that the distinction between public and private places is also blurred.  Any place to which the public enjoy a general right of access can be considered public.  In Scotchland in particular, with right to roam, this makes pretty much every outdoors airsoft site a public place, in which you should have no expectation of privacy.

 

[EvilMonkee]

Photography & videos have legal implications but are not widely understood 

A blanket waiver giving permission would not help - but including information in the waiver that photography may take place is a start (though may not be read) and a mention in briefs etc

They give the option for individuals to object - for piss taking defences, just because you don’t want it, or you may have protection issues.

Legally I can take your photo in a public place, I can publish it online (social media, general internet etc), I can sell the photo - but I cannot make “commercial use” of the photo without your permission.  (If you sign off permission then I can use it commercially in many ways that you may not have thought of)

A site is a private place rather than a public place, so I need some form of permission to take photos - I could just take photos unless I’m told not to, I could be representing the site, I could be official/recognised media, I could be just some bloke taking photos of a fun day out 

So Licking Dogturd posting your image in a video on YT without first seeking your permission could be seen as making a commercial use of it?  Like Rogerborg said all theory till before a court but might be a way to get his videos pulled down by YT.

 

[Tommikka]

So Licking Dogturd posting your image in a video on YT without first seeking your permission could be seen as making a commercial use of it?  Like Rogerborg said all theory till before a court but might be a way to get his videos pulled down by YT.

From my experience, as an image, then the sale of the image isn’t commercial, but the use of one of my images in advertising would be (and I received some nice compensation for a copyright breach which did so!)

(I can sell an image containing you, if it is on the basis that the sale is my ‘artwork’ taken from my camera)

Commercial use means that the imageis used directly in the marketing and promotion of a product that results in monetary gain.

YouTube however can include monetarisation ..... With a quick google, this is a result dating to 2017:

Good question, and one which YouTube does not answer. Paragraph 4.D. and 4.E. describes a few examples of what do and do not constitute "commercial uses." ... It's okay to embed a YouTube video on a website with advertising, but only if your "primary purpose" in posting the video isn't to gain advertising revenue.

With monetarisation being based on YouTubes advertisers then would consider a content providers click bait headline to be primarily based on more clicks and more advertising revenue

 

[EvilMonkee]

So if he were to post my boatrace in one of his click baity videos saying 'Watch me dispense justice to hideous Cheater' as an advert you could potentially get his video copyright struck....

 

[Tommikka]

So if he were to post my boatrace in one of his click baity videos saying 'Watch me dispense justice to hideous Cheater' as an advert you could potentially get his video copyright struck....

It would not be copyright, as you can’t copyright your face. However you don’t actually need to be a copyright holder to instigate a copyright breach !!!

How they generate their income may vary, if YouTube monetisation then a breach claim will put a hold on it, if they are ‘giving a message from our sponsor’ then they have had that paid .... but want the next videos money to come, if they are promoting their website / products then it’s the potential sales or clicks that follow 

There is a whole subject of discussion though.

My face has appeared on TV, and I did not sign an explicit release.  On the day of filming our main ‘face’ did need to sign all the legal papers granting permissions - he was all over the programme, I was in a scene, he was a subject expert, named & spoke, I was a random character, uncredited and silent.  He gave legally documented consent, I gave implied consent.

I’ve been the subject of ‘modelling’ shoots with my sponsor - and not signed papers - but consent was there and our faces weren't shown.  Both sponsor and team have copies of the pictures - used both by them and also us in event promos etc

I could be called the face of a particular merchandise, due to drinking from my new mug straight away.  (It may have been my suggestion that the photo be used so I can’t claim back on that!)
 

An advertising agency will want to see model releases to protect themselves, but the lack of paperwork doesn’t mean the consent didn’t exist

 

[Tackle]

What about Libel, if he puts in to the public domain a vid that he claims is full of "cheaters", & you watch it only to see yourself duck in to cover having had a BB strike something close to you, but not actually hit you, a scenario we've all experienced, probably more than once on any given gameday.

Let's be honest, not every shot on these vids is clear enough to show an impact on a player, just because he edits in an "X" to symbolise a strike doesn't mean it happened ?.

Bad enough to have some soppy Walt scream "take yer fuckin hits yer cnut" when they've missed you, but to have these Plebs broadcast it across the www .?

 

[Tommikka]

What about Libel, if he puts in to the public domain a vid that he claims is full of "cheaters", & you watch it only to see yourself duck in to cover having had a BB strike something close to you, but not actually hit you, a scenario we've all experienced, probably more than once on any given gameday.

Let's be honest, not every shot on these vids is clear enough to show an impact on a player, just because he edits in an "X" to symbolise a strike doesn't mean it happened ?.

Bad enough to have some soppy Walt scream "take yer fuckin hits yer cnut" when they've missed you, but to have these Plebs broadcast it across the www .?

If it ‘adversely’ affects your reputation, then you could

 

[Adolf Hamster]

What about Libel, if he puts in to the public domain a vid that he claims is full of "cheaters", & you watch it only to see yourself duck in to cover having had a BB strike something close to you, but not actually hit you, a scenario we've all experienced, probably more than once on any given gameday.

Let's be honest, not every shot on these vids is clear enough to show an impact on a player, just because he edits in an "X" to symbolise a strike doesn't mean it happened ?.

Bad enough to have some soppy Walt scream "take yer fuckin hits yer cnut" when they've missed you, but to have these Plebs broadcast it across the www .?

it's a tricky one, i dont think most folk would immediately remember or judge a "cheater" from an airsoft video but i could be wrong.

i've seen vids with folk i know being "called out" although that's more of a "this guy didn't take a gun hit, all the sites i play at those count" when the site the video was shot at was clear gun hits don't count.

i always have a very dim view of the "x" edits, unless the video is clear enough to show the bb striking (which is incredibly rare) or the person then proceeds to call the hit then it's not unreasonable to assume it was a near miss which is what i generally do. yes it's possible they're editing in hits they remember seeing through the scope but ask yourself this: can you remember every hit you've made on a given game day? because i sure can't.

of course even if the bb strikes someone doesn't mean they felt it, plenty of places you can be hit and have no idea, i've been called out before by folk next to me for something like my dump pouch taking a hit which i didn't hear or feel (1j at extended range doesn't hit all that hard), just the nature of the beast and you do need to bear that in mind that no matter how honest the player that can, and will, happen.

 

[Tommikka]

it's a tricky one, i dont think most folk would immediately remember or judge a "cheater" from an airsoft video but i could be wrong.

I sometimes judge people from videos ..... but it’s not the player in front of the camera that I judge .....

 

[Olive00]

Genuine gameplay, in-depth reviews and unbiased thoughts.