Who is Kokoly Zsolt, the man/educator/photography enthusiast? A university lecturer specializing in Media Law, a good listener, a man with infinite patience. We are delighted to have you as part of the Nophto editorial team.
Interview by Mira Marincas
14.10.2025
M.M.: Hello, Zsolt. Your first answer to what I thought was a very specific question was: It depends. Is relativity defining for the field of media law?
K. Zs.: Yes, I would say so. It is an interdisciplinary field with international and transnational dimensions. It is ever-changing with new technological innovations, yet principles such as freedom of expression, freedom of creation and the right to privacy remain at the core. On the one hand, we are talking about the digital and virtual worlds and the Internet of Things; on the other hand, media law also encompasses the principle of technological neutrality, i.e. that the use of a particular type of technology should not be discriminatory or imposed.
M.M.: Interpreting the law is a superpower that every artist needs. Even more so if they work in photography or cinema. What is copyright? What does GDPR and data protection entail?
Legally speaking, the subject matter of the right is original works of intellectual creation in the literary, artistic, or scientific field. This applies irrespective of the manner or mode of creation, or the value and intended purpose of the work. Put simply, as an author, you have moral rights (e.g. the right to be recognised as the author of the work, the right to claim respect for its integrity, and the right to oppose any alteration) and economic rights (e.g. the right to permit or prohibit the reproduction, distribution, rental, lending, retransmission, etc. of the work). However, the law also provides for exceptions to copyright, allowing works to be used without the author's consent. Copyright law protects a wide range of legal objects: from literary works and visual works to musical works, cinematographic works, computer programs and clothing creations, and even colours and smells.
We actually had personal data protection before 2018, since the General Data Protection Regulation came into effect. As a European regulation, it is applied directly and uniformly in all member countries. It regulates the processing of personal data and the free movement of such data. Personal data can range from names and addresses to contact details (phone numbers and email addresses) and signatures, as well as sensitive data relating to race, ethnicity, political opinions, religious denomination, philosophical beliefs, biometric data and health data. Personal data is virtually always processed in one way or another, but we also have rights such as the right of access, rectification and erasure (i.e. the right to be forgotten), the right to object and the right not to be subject to a decision based solely on automated processing. Of course, we also have the right to lodge a complaint with the supervisory authority.
M.M.: What are the distinct legal identities and the connection between copyright and the GDPR (interconnections)?
K.ZS.: When we say 'copyright', we are basically referring to a branch of intellectual property rights. Copyright aims to protect original works of intellectual creation in the literary, artistic, or scientific field, regardless of the method of creation, mode, or form of expression, and regardless of their value and purpose. The specific law governing this area in Romania is Law 8/1996 on copyright and related rights (the latest revision of the act being in 2022). In order to reduce discrepancies between the national laws of member countries, EU legislation has established harmonized standards to protect the essential rights of authors, performers, producers, and broadcasting organizations (currently 13 directives and 2 regulations—regulations being acts that apply uniformly in all EU member countries). .
When we colloquially say 'GDPR' (General Data Protection Regulation, i.e. the European regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data), we are basically referring to a set of obligations that apply uniformly in all EU member states since 2018 and concern companies and organizations with regard to the collection, storage, and management of personal data. To give a very simple example, with names: copyright law guarantees that the name of the author, i.e., the name under which the work was first made public, will always be linked to that work (this is a non-property right of the person who created the original work). The name is also protected by the regulation on the protection of personal data of natural persons, as it is an element that leads to the direct identification of a natural person. More specifically, using the example of a name, this means that you can object to the collection, storage, management, and posting of your name in the databases of companies and societies without your consent or legitimate interest. The right to be forgotten (especially in the digital environment) is a new feature introduced by this regulation.
M.M.: How do you structure this area, which many artists have real problems navigating? What falls within the remit of media law? What exactly does your field deal with or cover?
K. Zs.: Media law is a broad field, currently encompassing traditional media such as print and broadcasting, as well as audiovisual media, and digital or virtual content based on innovative new technologies. The latter are generically known under the umbrella term 'new media' (non-linear audiovisual services, user-generated and user-published content, online platforms and video-sharing platforms). The scope of regulation is equally wide, covering the protection of privacy, protection of minors and persons with disabilities, and the regulation of audiovisual commercial communications, sponsorship, product placement, television advertising and teleshopping, as well as exclusive rights and short news reports in television broadcasting, and the new areas mentioned above. Digital services, online platform services, video-sharing (user-generated content), the regulation of European works and the promotion of programme distribution and production.
M.M.: A photographer should research the following before travelling to a new location: what are the laws on image rights and photographing in public spaces?
K. Zs.: It depends. There are some rules that photographers should be aware of. The right to image, dignity and privacy are covered by the Constitution and the Civil Code. However, how these rights are applied in specific situations and locations needs to be determined before each photo session. Once you are familiar with these basic rules, you need to find out what criteria apply to photography in the chosen location.
In principle, the key word is consent: from your model, subjects or location. Consent can take many forms, from a formal contract to presumed consent behaviour, where subjects are aware that they are being photographed. There may also be public information about the location being photographed in an easily accessible form, such as notice boards indicating whether photography is allowed or not, or the conditions under which it is permitted.
M.M.: How do you define private and public spaces in relation to photography?
K. Zs.: The legal rules in force here are quite clear: private spaces are primarily homes (or spaces used as such), including outbuildings, balconies, courtyards and fences. However, even in public spaces such as streets, parks and public institutions, people still have the right to privacy and dignity, meaning they cannot be photographed without their consent. There is a difference, for example, between an individual visitor contemplating an exhibition and the same visitor at the opening; between children playing in the park and the same children at a festival in the park.
These cases focus on people, whether they are public figures or not, and most are not. Even public figures (such as dignitaries, cultural figures or influencers) may be in a private person's position at the time.
There are also cases where the space has special photography regulations (such as areas of particular importance for the protection of state secrets), or where professional photography or filming in public spaces is subject to approval.
M.M.: Your column will cover this vast field. Will it include interesting case studies on the application and, in particular, the interpretation of media law and audiovisual legislation in Romania?
K. Zs.: Yes, I would like to present a case study or summary of some current, topical phenomena in my column. There are also decisions by national regulatory authorities in the broadcasting and online platform sectors that are worth discussing. There are also decisions by the European Court of Justice and the European Court of Human Rights, as well as regulations such as the Artificial Intelligence Act and the European Media Freedom Act, which are due to be implemented.
M.M.: Are there significant differences between Romanian and international legislative approaches?
K. Zs.: In the fields of media, communication, new technologies, copyright, digital services, and digital marketplaces, there are no significant differences in regulatory approaches. One explanation for this is that there are uniform rules and directives that are implemented similarly across the EU.
M.M.: You consider yourself to be a keen photographer. What does photography mean to you? How much time do you devote to photography?
K. Zs.: I've had a passion for photography for a long time, but it's only recently that I've started to take it more seriously. I started going out with my camera and experimenting. At first, I wasn't too happy with the results. I enrolled in courses and bought books and albums, which I would flick through. I also walked around the city a few times with experienced photographers and went to exhibitions and meetings. I discovered a really cool community of photographers.
M.M.: What excites you enough to capture an image?
K. Zs.: I started by exploring the urban environment, but as I also love nature, I am interested in seeking out signs of the relationship between humans and nature in everyday life. I visited old industrial spaces through the lens of a photographer. These spaces were once centres of functional technology, and I believe this is partly due to my legal training in new technologies and communications. I have also taken my first steps in street photography. Here, I experience the joy of exploration and of taking the city in my stride, as if discovering it once more.
Do you think it is important to be a practising creative artist in order to be an even better jurist and translator of media rights?
I think it helps quite a lot. It's as if I can see both sides of the fence. There are also some practical issues that challenge me to consider how to apply the rules in that case or similar ones. As a lawyer, it gives me a broader perspective and more empathy. In general, I seem to gain more.