Legal Question in Technology Law in Massachusetts
Unauthorized use of Photographs
Can a Photographer post pictures of someone (21 yrs old) riding her horse (at a lesson or at horse shows) without them giving their written consent? They are on the Photographers web site ''for sale'' to anyone?? They photographer has also copyrighted the pictures.
Thank You.
1 Answer from Attorneys
Re: Unauthorized use of Photographs
This is really a question on state rights of personal privacy or "publicity" -- different states have a variety of laws on this. Usually, photographers obtain consents when they publish a photo (or sell it for publication) just to be on the safe side. There are commonly exceptions in the laws regarding pictures of newsworthy subject matter, where the public policy determination is that the right of the public to be informed outweighs the privacy concerns of individuals who happen to be on the scene (people at a political rally, sporting event, union picket line, etc.). You should check with a lawyer in your jurisdiction for a specific answer.
Best wishes,
LDWG