I have a question about posting pictures of people?

Question

I have a question about posting pictures on the internet, and I've had a fight with someone about it.
On a forum that I belong to, there is a picture posting thread where you are supposed to post your picture.
One of the members is under 18 and posted a picture of him AND his girlfriend, without the permission of the girl.
I confronted him to tell him that you need the permission of the person to get their picture posted.
He gave the quick and easy answer and said that it was "His" girlfriend, and he can do whatever he wants with the picture.
He then preceded to call me stupid.
I hope that you guys can help me clear this up.
Thanks.

Answer 1

Regardless if you are correct or not, it would be her that needed to bring the complaint, not you. You have no way to know if he has her permission or not.

Here is a summary of the rules:
1. Everyday people who simply take pictures as a hobby.
If you have no intent to ever sell or license your photos, you have nothing to worry about. (If you are still worried, go back and read the entire chapter.) Yes, you can even post these photos on a website. Where you can get into trouble is if you say something incorrect about the person or otherwise misrepresent him, and if this somehow damages him or his reputation, you're probably going to get a legal spanking. But this has nothing to do with model releases. It's all about libel, and that's pretty serious. Ironically, it's legal to do this in the context of TV broadcasting of negative political campaign ads, but other than that, you should act like an adult. (Er, you know.)

2. People who've had their photos taken and are upset about it,
or who have their photos used in a way that doesn't make them happy. Of the vast number of emails I've had from people who fit into this category, there's only been one case where someone actually had a valid claim for how the image was used that was worth pursuing. In short, unless someone has used a photo of you in a commercial context (also discussed in this chapter) or has violated your privacy, you can't do a whole lot about it. The sadder part is, even for those who may have a valid claim, the infringements are usually so small that doing anything about it would be too costly to bother with. A major part of this chapter is the section on the Risk/Reward Analysis.

3. Photographers who wish to license or sell photos.
These people need to be informed about model releases because it affects a huge spectrum of sale opportunities. You want to get model releases so as to make the photos you sell more marketable to the universe of buyers who may wish to publish these photos in a way that would require a release. The common perception among photographers is that you need a release to protect yourself. This isn't the case. As long as you disclose the status of your images to licensees, you aren't at risk. However, the licensee may not license images from you that aren't released, and that's why you want to get them. As discussed ad nasueum in this chapter, you don't need to "worry" about having releases so much as you need to be sure you understand the nature of how the law works and what your responsibilities are. With that, let's discuss the major components of a release.

Answer 2

I'm not going to post a picture back, but your baby is seriously cute. eta -- Jen, I think the risk is low, but there are unquestionably some pedophiles who use this board, and I don't want them looking at my kids' pictures whether or not they can track my address. I also once attended an alarming eye-opening presentation by a prosecutor who gave some demonstrations on how she could track down people's addresses from seemingly innocuous information and photos they posted on myspace. I'm not going there.

Answer 3

(1) the "picture posting" thread probably has its own rules and regulations, which oftentimes require that you only post pictures of yourself and those for whom you have consent. Outside of "the law" failure to follow this may be a simple violation of the terms and conditions of the website. Check that first.
(2) Many states have child privacy listings that require PARENTAL approval before a child's image or likeness can be put out in the public. I believe the federal statute, which may be part of COPA, requires parental approval before any private information can be released on-line for minors younger than 14 or 16.
(3) other states have requirements that relate to posting of people's images without their consent. Generall, it's tied to privacy law / their rights to "publicity." This may or may not work with this picture (depending upon whether the image was used commercially, whether the image was taken out in public or in a private space, etc.) This PROBABLY does not work for this picture, but one state's law can be different from the other.

EDIT-- this is NOT about copyright. I can copyright a _hypothetical_ note that threatens the president of the U.S., (in fact, as soon as I write it, I have copyright in it), but that doesn't mean it's legal for me to possess, or that I can't get sent away to prison for making a threat if I mail it. Many, many laws affect communication beyond copyright.

Answer 4

Yea, you really need a better hobby.
If she has a problem with him posting the picture, she can force him to blot her image out, or use another picture, etc. He's not necessarily right that he can do whatever he wants, but you don't have any standing to do anything about it, either.

Answer 5

I think that is her place to say something! Whether it is right or wrong. Maybe she knows and had no problem with it.
Its sad to say but really right or wrong does not come into play when it comes to the internet anymore, people do what they want and do not think of others feelings.
I would just stay out of it!

Answer 6

Certainly he needs her permission! He does not own her or the image of her. He can post it if he cuts her out. She should ask her if he is a man. If not, she will hear about it anyway and dump him like the idiot he is.

Answer 7

If it's his property (i.e., he didn't steal the picture), then he has a right to post it. She can't stop him, and neither can you.