Legal Question in Intellectual Property in California

Re: Ownership of images or likenesses

Two concepts are involved, right of publicity and privacy rights. In CA you cannot use another's name, voice, photo, or likeness in connection with advertising without prior consent. However, there are exceptions and it truely depends on what you are using it for and how.

Re: Ownership of images or likenesses

There's no statute passed by the Legislature and written down in a volume of codes. However, there is a substantial body of case law entitling an individual to sue for, and recover, damages if posting the picture is either an unwarranted invasion of privacy (causes embarassment or is defamatory, etc.) or is used for private profit (for example, used in an advertisment).

Ordinary, plain-vanilla posting might even be a technical violation of some privacy right, but as there would not be any damages to sue for, a lawsuit could be thrown out on a demurrer.

Posting a picture may even be a protected expression of free speech under the First Amendment if there are no adverse consequences for the person whose picture is displayed.