Legal Question in Civil Rights Law in Florida

Unauthorized pictures on the Internet

Is it illegal to post someone's picture on the internet without written consent or approval?


Asked on 7/03/03, 3:11 pm

2 Answers from Attorneys

Steven Fahlgren Steven M. Fahlgren, P.A.

Re: Unauthorized pictures on the Internet

The general answer is yes, although one can argue implied consent under certain circumstances.

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Answered on 7/03/03, 3:55 pm
Regina Mullen Legal Data Services, PLC

Re: Unauthorized pictures on the Internet

Yes, it is generally considered an invasion of privacy to publish the photo of someone who has not given you a release of rights, however, as already suggested, the inquiry doesn't end there.

For example, if you have your picture taken with Ah-nold and proudly post it on your site, as 1) a celebrity and 2) someone who posed for the picture, he has given you an implied right for you to use the picture in any way which is NOT defamatory. In other words, you can put it up in your bar or on your bar website to show Ah-nold held a hot dog from your hot dog stand, but you CAN'T use it to suggest that he endorses your all beef franks. First, merely posting the picture of someone famous is not defamatory and second, there is a complete defense of truth: he DID hold the hold dog and he DID pose in a picture that you took.

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Answered on 7/03/03, 4:45 pm


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