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Is a photo of me taken without my expressed permission my intellectual property? Like on facebook and stuff. Could I get that photo of me taken down?

asked Sep 25 '11 at 18:03

avrgboy's gravatar image


edited Sep 25 '11 at 18:05

What if the photo is taken inside a school.

(Sep 25 '11 at 19:53) avrgboy avrgboy's gravatar image

In the United States, the person taking the picture has the rights to it. However, if you're in a place where privacy is expected, then the photo must be taken down. Basically, the photographer would own the photo, but there are exceptions due to privacy laws.

answered Sep 25 '11 at 18:18

wordkev's gravatar image


edited Sep 25 '11 at 18:18

No a picture of you is not your Intellectual Property, it is the IP of the Photographer. To be used in Commercial way the Photographer needs your permission unless your identity is obscured (except under certain conditions). And if you are in a location in which privacy is expected your permission is required. In public places, you can take pictures of almost anyone, without consent.

answered Sep 25 '11 at 19:15

NeoHavock's gravatar image


edited Sep 25 '11 at 19:17

i think the best answer here would be to site laws affecting privacy and intellectual property rights. but i;m not a lawyer and laws differ from country to country.

I personally think there must be a "global" law. to which everybody, regardless of the country shall abide. that's the only way I can see that the internet will "finally" be super safe. (well its safe., but not really.) anyway that's just me.

answered Sep 26 '11 at 01:07

xedric14's gravatar image



I personally hate the idea of any global law.

(Sep 26 '11 at 02:27) NeoHavock NeoHavock's gravatar image

Plus, intellectual property is something like a theory, artwork, a design schematic or even your homework. The picture could be considered the photographer's intellectual property as he'd be the artist who created it. There are laws that protect your rights concerning photos taken without permission. It's just not intellectual property to you.

answered Sep 25 '11 at 18:36

MacManDerek's gravatar image


It depends. If it's a photo of someone the court has determined is a public figure, such as a celebrity, the photographer or the company the photographer works for has rights to do news-related things with the photo, but the subject can claim self-promotion rights.

If the person is not a public figure, such as, not a politician or celebrity, personal privacy can be argued. In which case, publications often need the subject to sign releases and so on for certain uses.

answered Sep 25 '11 at 19:11

Duodave's gravatar image


Provided you're in a place where privacy isn't expected or really possible, they can do pretty much anything they want with it. In a school? The privacy law can be argued because of being INSIDE. Outside, they can do pretty much whatever they want.

answered Sep 26 '11 at 11:08

HerpDerp's gravatar image


Here's my metaphorical answer. I am a straight man in San Francisco and gay men have come on to me. I'm flattered. I'm really not that attractive, but if someone wants to convince me I am, I am not going to complain that someone finds me sexy. So if someone wants to take my photo, it's also a form of flattery and I do not care about intellectual property issues. Broadcast me over the internet and maybe I can get even more men interested in me and convince my long-suffering wife that I am a stud.

answered Sep 26 '11 at 19:20

Donzo's gravatar image


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Asked: Sep 25 '11 at 18:03

Seen: 4,053 times

Last updated: Sep 26 '11 at 19:20