Not exactly copywrite. But is this legal?

[Easycompany107]

from Massachusetts. Pictures taken in Louisiana


Hello. Recently I was on a service trip and a bunch of pictures were taken. During an after the trip a participant of the trip posted pictures of my cousin my brother and I on her instagram without our consent. Using first and last names on the caption. Some pictures she took. Others were taken of us and she found them and posted them. Is she legally allowed to post these pictures

 

[FlyingRon]

First off, it's copyRIGHT, as in the right to copy. Copywrite is something staff writers do.

The copyright exists with the person who took the picture. Barring a commercial use of the photo and it not being taken some place with an expectation of privacy (like a bathroom), then they don't need your permission to disseminate it.

 

[Easycompany107]

But privacy wise. Not so much as copyright. If someone took a picture of my brother without his consent. Then posted it on socal media without him knowing and saying his first and last name. Would it be legal

 

[quincy]

But privacy wise. Not so much as copyright. If someone took a picture of my brother without his consent. Then posted it on socal media without him knowing and saying his first and last name. Would it be legal

If you are in a public place and someone takes your picture, you have no right to privacy so the picture can be published with or without your name and with or without your consent (with a few exceptions). The photographer owns all rights to the photo.

If you object to having your picture posted online, you can request its removal. Nice people tend to remove these photos upon request.

If the person who takes your picture tries to capitalize on your image by using it to promote goods or services, however, this whether you are in a public place or a private place, THAT violates your right of publicity and you could have a legal action to consider (privacy tort). The photographer would own all rights in the picture that was taken but you control rights to your image and how it is used commercially.

And, if the person who takes your picture uses it in a way that defames you (e.g., uses it to illustrate an article on prostitution), then you could also have a legal action to consider (defamation).