Quiz for the legally minded types, from ![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
musique174:
Dec. 1st, 2005 05:40 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
theweaselking"If a photographer takes a picture of someone. And no money traded hands and no releases were signed, who has the rights to use this picture?
The question is that someone (we will call this someone - she) took a picture of a good friend of mine (we will call him - he), of which he really likes. He posted it on his personal BLOG and she, the photographer, threw a copyright fit saying that he was using a copyrighted image. She contacted the web hoster and had his entire account killed for it.
But heres the question...If its a picture of you... Don't you have some rights to use the picture? Please note no model release was signed and no money changed hands."
=========================
My personal thought is that no, he doesn't have the right to it, any more than movie stars own the paparazzi pictures that get printed in the National Enquirer, but I can't give a legal reasoning for it. How about you, since I know I've got at least three lawyers and a couple of pro photographers reading this?
The question is that someone (we will call this someone - she) took a picture of a good friend of mine (we will call him - he), of which he really likes. He posted it on his personal BLOG and she, the photographer, threw a copyright fit saying that he was using a copyrighted image. She contacted the web hoster and had his entire account killed for it.
But heres the question...If its a picture of you... Don't you have some rights to use the picture? Please note no model release was signed and no money changed hands."
=========================
My personal thought is that no, he doesn't have the right to it, any more than movie stars own the paparazzi pictures that get printed in the National Enquirer, but I can't give a legal reasoning for it. How about you, since I know I've got at least three lawyers and a couple of pro photographers reading this?