Re: Re: Re: Photos of Individuals
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Posted by M. Arthur Auslander on October 11, 1999 at 11:09:29:
In Reply to: Re: Re: Photos of Individuals posted by Sally on October 11, 1999 at 10:36:09:
: : : A photo is taken of an individual and posted on the : : : internet by the photographer with a copyright on the : : : photo. Does the subject of the photo have any rights : : : if they do not wish their photo to be displayed by the : : : photographer? In other words does an individual own : : : their own image and have the right to limit it's use? : : : Should a photographer get permission before displaying : : : the photo of another person? : : It may vary State by State and Federally but generally other than for new items the image of an individual cannot be used commercially without consent. The copyright will stand but that does not gove the owner of the copyright to use the image. The photographer shold get permission and in writing. : : : Thank you for your reply. This particular situation : concerns snapshots taken at a luncheon. The : photographer says she does not intend to use the : photos comercially, however she is posting them : on the internet with the copyright notice. Those : pictured do not wish them posted. What is their : recourse? Did you get the correction that I posted. News is an exception but I do not think one is entirely free to commerically exploit. Now for the latest posting. This is unclear to me and would take research. I can't affort to do research without being paid. M. Arthur Auslander E arly L egal A dvice I s N ot E xpensive ELAINE's Workshop (sm): Auslander & Thomas-Intellectual Property Law Since 1909 505 Eighth Avenue, New York, NY 10018 212-594-6900, fax 212-244-0028, aus@auslander.com
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