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Is it legal for someone to take your photograph without permission?
Answers: 5 Views: 1158 Rating: 1 Posted: 11 years ago

     As a former part time photographer, I've encountered this question many, many times and read many articles on this in photographer magazines.  Essentially, if you are in a place that is open to the public it is not a violation of your privacy to photograph you without your permission.  Your photo can NOT be used for commercial purposes without your consent e.g. advertising.  The photo can be used without a release from you for "editorial purposes" e.g. published in a newspaper, magazine etc. where the primary purpose of the publication is to educate or inform the public.

     Consider celebrities who hate being hounded by paparazzi and having their pics published in the National Enquirer.  A photographer, on public ground, shoots, over a fence, an actress in a private outdoor pool somewhere.  These types of pictures are published every day against the wishes of the individual photographed.

     How a court might define the work place I don't know.  Years ago a case went to court where party A photographed party B in the restroom of a bar.  B sued A and lost because the restroom was ruled to be an area open to the patrons of the bar!

Rating: 4 Posted: 11 years ago

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