Legal Question in Technology Law in Illinois

Re: photography on th internet

Your question cannot be answered without dealing with specific facts. Is it a commercial use? If so, it may violate the right of publicity in several states. Is it taken in a place where the person had the expectation of privacy? If so, that may violate the person's rights. Does it cause the person to be held up to ridicule or scorn? Could be a problem there, too.

On the other hand if it is a non-commercial use of a photograph taken in a public place, you are probably alright. For example, if you took a photograph of a parade, the people riding on a float would probably have a difficult time challenging your right to post the photo on a website.

When in doubt, a model release is a good idea.

David K. Staub, an Illinois business and technology law attorney