Legal Question in Technology Law in New Jersey
Laws and Regulations of the Internet
Are there laws prohibiting the use of a picture of an individual used on a website without there consent? Please respond.
Thank You
2 Answers from Attorneys
Re: Laws and Regulations of the Internet
Absolutely, there are a number of laws that could prohibit the proposed use. Two biggies are copyright law and privacy/publicity law - which in some states are based on statutes while in others it is left to common law. Trademark law may also apply as well. Please note that it may still be possible to use the picture based on certain legal principles, such as "fair use".
Re: Laws and Regulations of the Internet
Yes. Federal copyright law and state right of publicity law. This type of infringement is fairly common, but is illegal in most states. You should get permission from the individual and the photographer. If you propose to use the picture in association with a product or service , you may also be commiting trademark infringement, especially if your proposed use is commercial.
Fair use would not likely come into play unless the use is strictly news reporting or required for non-commercial parody or satire.