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MercTech -> RE: Got any hot neighbors? (4/18/2015 4:30:40 PM)
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Occasionally, I make some side money as a photographer. My understanding of the issue is:
Identifiable pictures of a specific person require a release for publication or sale. A copyright issue as you own the copyright of your own image until you grant usage rights in a release. If you get studio pictures done; there is often fine print in the invoice granting the photographer limited copyright release to use the photos of you in advertising of his services. Check the fine print when contracting photographer services for events such as weddings, kid's birthdays, etc.
Pictures taken from or in a public space are legal and no release is needed to publish. Being in a "crowd shot" doesn't violate any expectation to privacy under law.
You can occasionally find "no photography" clauses printed on tickets or posted at entrances to paid events. Yeah, celebrities want you to pay for pictures of them not take your own at a performance.
Pictures taken in your own home are legal to publish as long as they don't portray minor children in what could be construed as a sexual manner.
Yes, posting that cute picture of your kids in the bubble bath can get you prosecuted. Back in film days; it wasn't uncommon for a film developer to call the police when kiddie pictures in the bubble bath were being developed. And the net trolling regulators even will investigate if you post a picture of yourself as a child. (Memorial web page for my mother included a picture of her wearing her hospital uniform bathing my eight month old self in the kitchen sink. I had to remove the picture as it was "kiddie porn" to some.)
Pictures taken from your own home of someone else in their own home is a more colorable issue. Very dependent on jurisdiction. It seems the court jurisdiction in New York has decided that taking anonymous pictures doesn't violate an expectation of privacy. I wonder if that will void the "peeping tom" laws about telescopes, binoculars, and cameras for really voyeuristic purposes in their jurisdiction.
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