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For example, your photo was posted at an America's Most Wanted type of website, and you are not wanted by the law. Invasion of privacy can occur if you are portrayed falsely and in a highly offensive manner. You can stop a website's use of your image for three reasons: invasion of privacy, violation of right of publicity, or defamation. Unless it shows something newsworthy, sharing the photo on social media is probably going to constitute a copyright violation. Regardless of what the photo showed, though, you would have to work about copyright. Most of this remains true even if you weren't the one who took the picture. On the other hand, publishing a relatively innocuous photo you took while trespassing probably wouldn't subject you to any additional liability, though it might be useful evidence in a trespass case. If it shows her having sex, it would be a much stronger basis for liability, regardless of whether you or someone else took the picture legally. If the picture was embarrassing because it showed your friend picking her nose, that's probably not going to be actionable. Liability would turn in large part on what exactly the picture showed. While you're of course in a better position if you didn't commit a crime to obtain the photo, publication could still expose you to a privacy-invasion claim, either for intrusion upon seclusion or for public disclosure of private facts. I think the above analysis misses the mark in some respects by overplaying the significance of whether you took the picture lawfully and underplaying the significance of what the photo shows. It would be useful to know the circumstances of how the photo was taken and who owns the copyright for your specific example. If someone else took the photo and owns the copyright, you would need their permission or to purchase the copyright from them, otherwise you could be liable to them for civil damages, even more so if you could reasonably expect to profit from publishing the photo (including adsense revenue on a blog). How about posting a photograph without the photographer's permission?
#HOW TO UPLOAD PHOTOS TO INSTAGRAM WITHOUGT PEOPLE SEEING FREE#
you took the photo with their permission), then you are free to post it (i.e.
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So is it lawful to post the photo without the subject's permission?Īssuming you took the photo lawfully (i.e. publish) the photo without their permission becomes the question. If a reasonable person wouldn't expect privacy in the same situation, then you had their permission to take the photo, and then whether or not it is lawful to post (i.e. The point is whether the person the photo was taken of could reasonably have expected privacy when the photo was taken. was invited)Ī photo of another student in class/on campus at school/university, taken by someone lawfully at that place. Some examples of photos taken without a reasonable expectation of privacy:Ī photo of someone standing on a public street saying "You don't have my permission to photograph me"Ī photo of a friend in a friend's house, taken by another friend while at the house, assuming the photographer was not there unlawfully (i.e. Some examples of photos taken when a subject has a reasonable expectation of privacy:Ī photo of someone standing in their bedroom in their underwear, taken from the yard outside looking through the windowĪ photo of someone in a public bathroom, taken with a hidden camera in the bathroom taken when the subject does not have a reasonable expectation of privacy).ĭid the subject have a reasonable expectation of privacy when the photo was taken? Posting a photo does not require permission of the subject as long as the photo was taken lawfully (i.e.