43 votes
Accepted

What are the legal repercussions of taking a stranger's picture in public?

In the United States, You have no expectation of privacy in public. Anything you can see from a public place, you can take a picture of, even if the "victim" is in their own home but has the blinds ...
  • 3,928
35 votes
Accepted

Can a celebrity sue someone who takes obnoxious pictures/videos of him in public and uploads onto internet without his permission?

As per this question & answer, in the US there is no expectation of privacy in public places (not to be confused with private places where public is allowed e.g. supermarkets). Photos taken in ...
  • 21.3k
26 votes

What are the legal repercussions of taking a stranger's picture in public?

Taking the picture is one thing. There are also laws about what you can do with it: In the United States you cannot in general use a person's image for "commercial purposes" without their permission, ...
  • 20.1k
12 votes

What are the legal repercussions of taking a stranger's picture in public?

For other jurisdictions, Wikimedia Commons has a list of countries and what you are allowed to do with pictures taken in public. https://commons.wikimedia.org/wiki/Commons:...
  • 229
11 votes
Accepted

Are there legal implications to lying about your sponsors?

False statements are generally protected by the First Amendment. If the video was an obvious gag or work of fiction, in which a reasonable person would understand that you were not truly endorsed, ...
  • 46.5k
11 votes
Accepted

How do laws affect photography of non-humans in public when people may be in the frame?

Let's put to bed the myth of privacy that is at the heart of your question: in R v Sotheren (2001) NSWSC 204 Justice Dowd said “A person, in our society, does not have a right not to be photographed.” ...
  • 162k
8 votes

What are the legal repercussions of taking a stranger's picture in public?

For the point of view from another jurisdiction (Australia) see How do laws affect photography of non-humans in public when people may be in the frame? To repeat: In R v Sotheren (2001) NSWSC 204 ...
  • 162k
6 votes

Can a celebrity sue someone who takes obnoxious pictures/videos of him in public and uploads onto internet without his permission?

If you're talking about the United States, the celebrity will lose this case: Being mildly embarrassed does not give rise to damages The First Amendment allows us to gather and disseminate ...
  • 46.5k
6 votes
Accepted

Legalities of making a documentary/biography about a person's life

In the united-states, there is no general right for a person to control or approve a biography or other account of that person's life. Many biographies are "unauthorized", which simply means ...
5 votes
Accepted

Plausibility of US Suit over Ownership of Photos of Slaves

is it plausibly the case that ownership of an original photograph would be awarded to the subject (or the subject's heirs) because the subject did not consent to the making of the photograph? No The ...
  • 162k
5 votes
Accepted

What is illegal about my app?

You need to make sure you are not infringing upon the copyrights of the music owners. There might be other things you need to do. But at a minimum you will need to have agreements with the music ...
4 votes

What is considered "public" in the context of taking videos or audio recordings?

In the U.S. this is a notoriously perilous area of the law, particularly because the laws regarding recording vary so much between the states. A good source for this question is the RCFP. To give ...
  • 20.1k
4 votes

Can a platform become a publisher through it's actions?

Yes. Content not created by a user is not protected by Section 230, and if the platform agents or employees begin to substantively edit content, the platform becomes a co-author rather than merely a ...
  • 145k
4 votes

Profit from a celebrity domain name if I have the same name?

As long as you are not claiming to be this celebrity, which would be impersonation, then you are not doing anything wrong or illegal. Since it is your own name, you can use it.
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4 votes

Can a celebrity sue someone who takes obnoxious pictures/videos of him in public and uploads onto internet without his permission?

Just because a person expects to lose a case may not stop them vexatiously suing you as a discouragement / punishment - if they can afford a big legal bill and you can't, just the threat of a big ...
  • 149
4 votes
Accepted

Are Name, Image and Likeness (NIL) of public athletes protected by copyright?

Copyright, No US Copyright does not protect names, images, or "personas". The US Copyright Office Circular 33 ("Works Not Protected by Copyright") states, on pages 2-3: Words and ...
3 votes

Are there legal implications to lying about your sponsors?

The person or company could sue you for defamation, and would have to show that they were harmed by your statement (which would not be in the realm of per se defamatory statements). Since this is a ...
  • 170k
3 votes

If I'm the director of photography for a project, does the production company need a model release from me if I film myself in the project?

Copyright and Model Releases are separate legal concepts Copyright belongs to the "author" of a "literary" work - the person(s) who first fixed the the work in permanent form (or possibly not - ...
  • 162k
3 votes

Are pictures that don't have model releases protected under the DMCA?

Copyright vests in the photographer that takes the photograph, or their employer. If the subject of a photograph does not own copyright over the photograph, then they can't bring a claim of copyright ...
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3 votes
Accepted

When can I sell 3d models and 2d renders of dead peoples and celebrities?

German law protects the Right of Personality, of which the Right of Publicity is a part. The Right of Publicity protects individuals from having their identity exploted for someone else's gain, ...
3 votes

Publishing (non-commercially) a video-interview with a celebrity online, without written consent

This is a surprisingly complex question, with several aspects. There is the question of what jurisdiction's law to apply, there is the question of copyright, and there is the question of personality ...
2 votes

What is considered "public" in the context of taking videos or audio recordings?

An answer for Australia; applicable statues are very specific so most of what is allowed flows from common law. There are a number of issues: Different rules apply to images and audio, These apply ...
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2 votes
Accepted

Using celebrity recording without permission

A legal recording could be with consent or without, depending on the state you are in. If the person speaking is speaking publically, consent is irrelevant; if they are having a private conversation ...
  • 170k
2 votes

Can I legally use a photo if I'm in it?

Your presence in an image doesn't give you automatic property rights to the image. Copyright is held by the person who took the picture (or whoever they work for). However, there are also personality ...
  • 170k
2 votes
Accepted

What are the intellectual property rules regarding painting a real/fictitious person?

Copyright You can paint a picture of anyone you like, real or fictitious, however, you cannot copy another copyrighted work to do so. In the example of Leonardo diCaprio you are free to paint him from ...
  • 162k
2 votes
Accepted

Am I allowed to use famous peoples' faces in an app?

You could run into these problems: Copyright in the picture: you would need to own the copyright (e.g. by taking the photo yourself), have permission of the copyright holder or use a photo in the ...
  • 162k
2 votes

Celebrity images for non commercial purposes

According to US law (and I believe similarly in most areas), commercial use is defined as: According to 18 USCS § 31, term "used for commercial purposes" means the carriage of persons or property ...
  • 201
2 votes

What recourse do I have against commercial use of my image?

The "right of publicity" or "personality rights" is what's relevant. How you might pursue this depends on where you live. In Washington, RCW 63.30 forbids such action – see RCW 63.60.050 Any person ...
  • 170k
2 votes

Can a platform become a publisher through it's actions?

Can a platform curate the content on its site to the point where it is legally considered a publisher and loses protection under section 230? Curating the content, as in displaying it in a certain ...
  • 3,910
2 votes

Book cover photo of actor and their "Right of publicity"

Some but not all US states, and some but not all countries, recognize a "right of publicity". ohio In Ohio, the "Right of publicity" is protected by Chapter 2741 of the Ohio ...

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