Legal Question in Intellectual Property in California

Use of Images

I am an artist. Can I profit from photographs of strangers taken in public spaces without their knowledge or consent? Is a museum a ''public'' space?


Asked on 8/21/03, 6:38 pm

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: Use of Images

By the way you phrase the question, I think you know the answer already.

No, you should not sell photographs of anyone unless you have their written consent. Taking pictures of someone without their consent is an invasion of their privacy, whether or not you make a profitable use of them. Likewise, copyrights in museum pieces are owned by their creators (or their assignees) and you may need permission to photograph the works and sell the pictures. (Museums get some of their support from selling images of their works in giftshops.)

If you want to sell pictures you take in public places and can't get permissions, you would be wise to blur the faces of the people for whom you don't have permissions.

THIS RESPONSE IS FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE FOR A PARTICULAR SITUATION.

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Answered on 8/24/03, 2:21 am


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