Is It Illegal To Post Photos Of Someone Without Consent?

by | Last updated on January 24, 2024

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Not so, according to attorney Smith. He said anytime you take someone else's photo from a social media page and repost without permission – even if you are in the picture – you are breaking the law. “They are using the image when they do not have the permission to do so,” Smith said. “That is

copyright infringement

. “

Do photographers need permission to post pictures?

Under copyright law, the owns the copyright and

can use it for any editorial use without permission of the person in the picture

. … A person cannot have their picture used without their permission for anything that sells or promotes a product or service.

Can photographers posting pictures without consent?

Under copyright law,

the photographer owns the copyright and can use it for any editorial use without permission of the person in the

picture. … A person cannot have their picture used without their permission for anything that sells or promotes a product or service.

Can a photographer post my photos on Facebook?

Usually, the

photographer will need written permission to use your image

to promote or sell their services in marketing, advertising, etc. But will not need your permission to display the photos they took in their portfolio, exhibits, etc.

What if someone uses my photo without permission?

If someone reposts your photo without permission (a license), they are liable to YOU! Even if they didn't know it's illegal, it's

copyright infringement

. There is even more confusion about giving credit. It does not matter if someone reposted your photo but gave you credit – it's still copyright infringement.

Can I sue someone for posting pictures of my child on Facebook?

In order to be able to file a lawsuit, you will have

to be able to show actual harm

. Usually it would be financial. If you or your child have not suffered harm, you don't have a case.

Can a photographer post a photo of me?

Usually, the photographer

will need written permission to use your

image to promote or sell their services in marketing, advertising, etc. But will not need your permission to display the photos they took in their portfolio, exhibits, etc.

Can a photographer post your photos?

In order for the photographer to use the photos, he would need to

sign a model release

. You need to have some kind of a written agreement with your photographer, but in most cases even if you don't have a written agreement he does NOT have the permission.

Can you sue someone for posting your picture on Facebook?

The key to being sued on social media is,

defamation

. It has to be a post that is harmful to your reputation in a tangible way. … Just posting that picture of someone that is unflattering, that's not defamation.”

Can someone take a photo of you without your permission?

It is generally

permissible

for people to take photographs at any public place or any private place that they own or rent. Being present on someone else's private property generally requires the property owner's consent to take photos.

Can you sue for photographs?


If you use the image for commercial purposes, you can be sued

. For example, if you take a photograph of a woman boarding a train and later sell the image to a luggage company who then uses it to sell their products, you can be sued by the model if this wasn't outlined in the model release form.

Is it illegal to post pictures of minors on social media?

Think twice before uploading photos of children, even your own. Two states,

Georgia and New Jersey, are working on laws that make it illegal for anyone other than a parent to photograph a minor

. … Though this law does not apply to individuals, Facebook could remove photos that violate the rule at the request of a parent.

Can you stop someone posting pictures of your child on social media?

You can

ask them to simply keep it private

, or request that they delete the picture completely. If the individual is hesitant about your terms, calmly and clearly outline your reasoning for why you trying to protect your child's privacy.

Why you should not post pictures of your child?

Posting many images of your

child as they grow up could make them a target for child predators

. The risk only grows if you're not careful about sharing your personal information online. In a demonstration by Tom Scott, he showed how easy it is to locate someone and get their personal information.

How long does a photographer have to keep photos?

There is no set industry standard for how long keep digital files but most

set at least a year guarantee

in their contracts. After that, many still store them on external hard drives and even on online storage sites where they can access them for as long as they want.

Do I need permission to sell a photo of someone?

First off, remember that if a photo is newsworthy or will not be used to promote something, a Use of Likeness form or Photo Release is not necessary. … That way, you have the right to sell that photo because

you have permission to use that person's likeness to promote something

.

Emily Lee
Author
Emily Lee
Emily Lee is a freelance writer and artist based in New York City. She’s an accomplished writer with a deep passion for the arts, and brings a unique perspective to the world of entertainment. Emily has written about art, entertainment, and pop culture.