a legal question

[sharkattack]

If someone takes a picture of a person, with consent from that person, does the photographer then own the rights to that photo, and can do anything with the photo that he/she pleases.

[racer72]

Technically yes as long as the photo is not used to defame.

[A.R. Cane]

IANAL, but I'll give you my opinion based on experience and common sense. Such
a situation would likely come down to a verbal understanding between the parties
involved. Generally, verbal contracts are enforceable except in the case of real estate
transactions. If you took a photo, with the implicit understanding that it was for
personal use, and then allowed the photo to be used for a purpose that did harm to
the subject, then I think you would be in jeopardy. "Professional" photographers
usually try to get a release, giving them ownership. If a release exists, then the subject
is probably out of luck, even if they don't approve of the subsequent use.

[Whack-a-Mole]

Just to help muddle things further...

Papparazzi take pictures of famous people all the time for their own personal gain and down the road whoever publishes its personal gain.

I know the legal standards for privacy of people who are in "the public eye" are different than those for the average person but it illustrates to an extent that you need not necessarily get a release.

[RealityChuck]

It also depends on where the photo was taken. It's different if the person was on a public street than if it was shot while they were in their own bedroom.

It also can't be used in any advertising without the subject's consent. And the context can matter: I recall a court case awhile back where a couple had their pictures taken, signed a consent form, and were shocked to see their picture used with the caption "Even nice people get VD" (or the like). They won a judgment for defamation despite the release, since the purpose of the ad wasn't spelled out to them.

[Random]

Originally Posted by racer72

Technically yes as long as the photo is not used to defame.

It's a little for complicated than this. We've done this before (although this link also involved a long debate about whether such photos are polite, it also touches on the legal question.)

http://boards.straightdope.com/sdmb/...t=photographer