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?
Answer by wordkev · Sep 25, 2011 at 07:18 PM
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.
Answer by NeoHavock · Sep 25, 2011 at 08:15 PM
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.
Answer by xedric14 · Sep 26, 2011 at 02:07 AM
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.
Answer by MacManDerek · Sep 25, 2011 at 07:36 PM
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.
Answer by Duodave · Sep 25, 2011 at 08:11 PM
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.
Answer by HerpDerp · Sep 26, 2011 at 12:08 PM
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.
Answer by Donzo · Sep 26, 2011 at 08:20 PM
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.
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