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Powergamz1 -> RE: Has Political Correctness Really Come Down to This??? (3/23/2013 9:49:48 PM)
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*Selling* someone's image may or may not require a model release, but nobody is going to jail just for taking pictures of people at a gathering (even on private property), and putting them up on the internet.
There are specific elements needed beyond the action, in order to make it a crime.
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ORIGINAL: njlauren
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ORIGINAL: Powergamz1
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It is illegal under california law (sadly not federal) to take someone's picture and post it without their consent, it specifically was meant for cases like this, this was not on the street, it was a private facility. She now is subject to both criminal and civil penalties for what she did.
No. Utterly ridiculous.
Not utterly ridiculous, that is the law. She used their image without their permission and there are laws on the books about this. Paparazzi can take pictures of celebrities and publish them, because they are generally taken in public settings, but doing what she did was illegal, it was in several of the articles I read on the case. People don't have the right to use pictures of you without your permission, it is why, for example, when you go to events and they take pictures that they wish to put on their website and such (like at a charity event), they have to get a release from the people, that it is okay to use them. When you go to a ballgame, as part of the ticket agreement, they can take your picture and use it in publicity in such, because you agree to that as part of the terms of the ticket.
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