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What if the person is a minor? Do you have to have parent's permission? I'm thinking this is not required at all....look at all the stuff on-line ya know. Any anwers are appreciated...thanks!

2007-12-31 01:45:06 · 9 answers · asked by Knome Lover 4 in Politics & Government Law & Ethics

What if the person posting pics is a photographer by trade? Wouldn't the photographer own the copyright?

2007-12-31 01:59:00 · update #1

9 answers

The person who created the pic (the photographer) owns the copyright, NOT the person who is in the pic. It is perfectly legal to post peoples pictures on-line without their permission if you have permission from the copyright holder.

EDIT: One exception to the above is if someone paid you to take the pictures, like a portrait photographer. In that case the picture would be a "work for hire" and the person that paid you would own the copyright.

As someone mentioned there are some states where they have drafted laws against posting strangers pictures for profit (girls in bikinis) without permission. It isn't clear whether these laws are constitutional, yet.

The only other restriction is that you cannot post a picture of a celebrity (or someone who makes money off of their image) in an advertisement.

2007-12-31 02:06:50 · answer #1 · answered by john_in_dc 4 · 1 1

Anyone depicted in the photographs can technically sue you for using an image in their likeness.. Most won't seek royalties and if it doesn't depict them as the main focus of the photograph, then they can't seek damages. Unless of course you're a member of the press and have a press card.

However it's always good to carry little "permission slips" if you will for someone to sign if they're in your photo and you're seeking monetary gain from it.

Here's a pretty generic form for you to use. Happy photographing!

http://www.vplc.org/photo-pdfs/model_release.pdf

2007-12-31 05:10:24 · answer #2 · answered by Chris 2 · 0 0

i would think that for a minor--you would have to have permission from the parents, but i'm not sure. i believe that as long as you aren't making $$ off of the photos--you can post anyones picture that is over the age of 18

2007-12-31 01:58:16 · answer #3 · answered by s and d e 7 · 0 0

YES for sure
right of picture,voice,handwriting and etc is from the rights which is related to perspnality which other people can not breach it under human law.and if it;s from a minro the permission of parent is neccesory

2007-12-31 01:56:27 · answer #4 · answered by manik 2 · 0 0

The answer is NO!
You don't have to have permission to do it.
It's simple and there is a lot of software out there that makes it easy to do.
Now here is something you might want to consider.
You can be sued for doing it and you might end up either paying a huge fine, going to jail or both.

But you can do it without having permission.

2007-12-31 01:53:54 · answer #5 · answered by hoovarted 7 · 0 0

If an image is protected by copy right laws then yes, other than that, anyone can take pictures of any one/thing in a public setting and do what they want with it. I do believe in many states in America, there is legislation being drafted. Let's say some pervert went to a beach and took pics of girls in their swimwear and posted them to a web site for profit, there are laws on the books now in many states that makes this illegal.

2007-12-31 01:53:17 · answer #6 · answered by Anonymous · 1 0

No, legally you can't do that. But then again, legally you can't tie an alligator to a fire hydrant in Michigan, but I don't think anyone's going to stop you.

2007-12-31 01:53:03 · answer #7 · answered by Anonymous · 0 1

You don't...look at myspace. I think our society is dealing with a lot of cultural lag. Our rules, codes, laws or whatever you want to call it...they aren't keeping up with technological advances. No one knows really how to deal with the internet pornography issue besides parental controls. These laws i think will be issued some time in the future. But not yet...

2007-12-31 01:52:39 · answer #8 · answered by Kc 3 · 0 0

yes, you have to have permission. for minors you must have the parent's permission

just because people do it on myspace doesn't mean it's ok. lots of people are doing lots of stuff that isn't legal

2007-12-31 01:52:16 · answer #9 · answered by Tanya Pants 2 · 0 2

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