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Self Image/Likeness Copyrights

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infinity2

Guest
I am wondering if an individual has any right to the copyright of their own personal image. To put this another way, does a random stranger have the right to photograph someone without consent and sell or in other ways financially benefit from the use of that photo. In my case specifically I am wondering if someone has the right to photograph an accident and publish it on a commercial website dedicated to accident photos.

Looking for law related to California copyrights and federal laws as applicable.

Thank you very much!
 


I AM ALWAYS LIABLE

Senior Member
infinity2 said:
I am wondering if an individual has any right to the copyright of their own personal image. To put this another way, does a random stranger have the right to photograph someone without consent and sell or in other ways financially benefit from the use of that photo. In my case specifically I am wondering if someone has the right to photograph an accident and publish it on a commercial website dedicated to accident photos.

Looking for law related to California copyrights and federal laws as applicable.

Thank you very much!

My response:

California Civil Code section 3344. Then, follow that Statute to all of the various case law.

IAAL
 
I

infinity2

Guest
Perfect, that was exactly what I needed.

As a follow up question, does this statute apply to related inanimate objects. For example, if there was a photo of an accident with a car and a person in it and a photo with just the car, are both covered?
 

I AM ALWAYS LIABLE

Senior Member
infinity2 said:
Perfect, that was exactly what I needed.

As a follow up question, does this statute apply to related inanimate objects. For example, if there was a photo of an accident with a car and a person in it and a photo with just the car, are both covered?

My response:

No. That's called "evidence".

IAAL
 

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