Legal Question in Intellectual Property in Texas

Are mug shots public domain? I am a graphic artist in Texas and have a project I would like to pursue using (but changing into my own art) mug shots of famous people. The mug shots were taken in different states around the country in different time periods (some from the 50's and 60's and some from today). I am pretty sure that in Texas, mug shots are public record as we have a "newspaper" that comes out weekly in our city with all of the mug shots of local people who have been arrested and booked the previous week. Does the law vary from state to state, or can I assume that if I am able to easily find a celebrity's mug shot online that it is available for use and is public domain?


Asked on 4/23/10, 7:02 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Mug shots (law enforcement booking photos) are generally public domain once released by the public agency taking them. Private mug shots (corporate security ID photos and the like)would probably not be public domain, as that could lead to false ID cards and compromised security.

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Answered on 5/04/10, 7:02 am


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