# If someone takes a picture of you (without your permission), who owns the picture? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 10, 2021, 7:54am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146 "2021-07-10T07:54:22Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [July 13, 2021, 5:17pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/61 "2021-07-13T17:17:28Z")
> [@Whack-a-Mole](#): > > This is someone taking a picture of you without your consent. Consent to take the picture isn’t needed (in the US, other jurisdictions vary). Ownership of the image goes with the creator, just like the ownership of any fixed representation in other formats (painting, statue, etc). What someone can do with that image is regulated by other laws which may restrict how it can be monetized, but ownership by the creator precludes others from using it without permission. You, as the subject, have some rights related to how the image is used by others, but you yourself have no special rights to the image. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [July 13, 2021, 6:57pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/62 "2021-07-13T18:57:11Z")
> [@Whack-a-Mole](#): > > So what? I am the subject. I am the thing that makes the photo interesting. > > As has been noted, if you tried to sell that photo, you’d have to pay me. No, that’s not what has been noted. As I and a couple of other people have made clear in this thread, it’s the particular purpose for which the image will be used that determines whether your permission is required. If the photographer wanted to sell the image for commercial use, in which your likeness would be used to advertise, promote, or endorse a particular product or service or organization, they would most likely need a release signed by you and anyone else in the picture. If the photographer wanted to sell the picture to a newspaper, for the purposes of illustrating a news story or some other informational piece, they could do that without your consent. And the definition of informational content is actually quite broad, applying not only to traditional media like newspapers and magazines, but to blogs or basically any other form of first-amendment protected expression that is not explicitly commercial as described in the previous paragraph. I explained these distinctions in more detail in [this post](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/27) and [this one](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/29). ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 13, 2021, 7:11pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/63 "2021-07-13T19:11:03Z")
I think my issue is being sued for using a photo someone took of me without my permission. I am the subject of the photo. I did not contract to have it taken. It seems wrong to sue me if I use it for a non-commercial purpose. Especially since the person who took the photo has put it online (See OP). ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [July 13, 2021, 7:29pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/64 "2021-07-13T19:29:54Z")
> [@Whack-a-Mole](#): > > I am the subject of the photo. I did not contract to have it taken. You seem to think this is relevant. It is not. You have no special rights to your image when you are in public. No permission is needed to take a photo of you. It’s not your photo, you have no right to use it without authorization. Putting a photo online does nothing to grant anyone else the right to use the photo. Basically, you’re trying to create a right to use an image where no such right exists. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 13, 2021, 7:36pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/65 "2021-07-13T19:36:19Z")
But I do have some rights to that image as I understand it. If the person who took it tries to earn money from it then I have rights. Is that correct? If I snap a photo of Brad Pitt on the street and make a poster of it and sell it doesn’t Pitt have some legal rights to that? ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 13, 2021, 7:48pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/66 "2021-07-13T19:48:42Z")
So, here is the next step in the logic: If you snap a photo of me and make a poster and sell it I have rights to that. If I use that photo in a non-commercial way and you sue me for it there is a disconnect. I can sue you for using my likeness and you can sue me for using my likeness. Does that make sense? What damages can you claim if the revenue from the photo of me is mine? ---
**Author:** ![naita](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/naita/32/5862_2.png) [@naita](https://boards.straightdope.com/u/naita)\ **Post date:** [July 13, 2021, 7:57pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/67 "2021-07-13T19:57:45Z")
> [@Cervaise](#): > > Example: a convenience store in Austria had a security camera over its front door. It was permissible to record people entering and exiting, with notification of the activity. But the store was fined because the camera’s orientation included the public walkway outside, which was not legally encompassed by the notification of video use on private property. I’m curious about this. I can easily see how surveillance cameras come in under GDPR. Article two says: > This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. A surveillance camera is a wholly or partly automated system. But if I take a picture of people on the same street that is not wholly or partly automated. Is there some way I can treat the picture and not have it be part of a filing system, other than completely private use? Or is there some other EU law other than GDPR that comes into play if I use it for something other than my personal holiday slide show or as a news photo? ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 13, 2021, 8:04pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/68 "2021-07-13T20:04:05Z")
And more weirdly this seems to imply you have more legal rights to the photo you took if you do not have a contract. If I contracted with you to take my photo then who gets what would be clearly spelled out. But, by what is being suggested here, if you just randomly snap a photo of me I have few rights to the use of that image. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [July 13, 2021, 8:25pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/69 "2021-07-13T20:25:44Z")
You seem to be asking the same question over and over again. If someone takes your picture (in the US), they can sell the picture, but they can’t use your picture to sell other products without your consent. They can’t create a mug with your picture, or use your picture in an ad for, say, cereal. You can’t do anything with the picture, without an agreement from the photographer, but you can prevent the photographer from doing certain things with your likeness. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [July 13, 2021, 8:36pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/70 "2021-07-13T20:36:58Z")
> [@Whack-a-Mole](#): > > If the person who took it tries to earn money from it then I have rights. Is that correct? Maybe, like in a ad for sunglasses, or mole killers, yes. But not if they get $ from news sources for using it. I snapped a picture of minor celebrity once, flashing at a awards show, sold it to a tabloid, and kept getting small checks for other tabloids, etc using it. She got nothing for my snap. I had the rights, not her. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 13, 2021, 8:41pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/71 "2021-07-13T20:41:09Z")
Ok. You take a photo of me without my permission. You put it on your website. I copy that photo and use it in an Instagram post. What damages can you claim when you sue me? As I understand it, in most cases (there are some exceptions), you need to tell the court how much money you lost because I used that photo. So, how did you lose money in this case? How much did you lose? ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [July 13, 2021, 8:46pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/72 "2021-07-13T20:46:00Z")
Probably no damages, just a order to take it down. Or maybe it is ignored. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [July 13, 2021, 8:46pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/73 "2021-07-13T20:46:18Z")
Am I a professional photographer? Was I about to sell it for $10 million to The NY Times? Then, $10 million. Was I going to use it in a best-selling photography book? Was I just about to sell it as an NFT for $1 billion? If nothing else, I can definitely force you to take it down. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 13, 2021, 8:47pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/74 "2021-07-13T20:47:19Z")
Since you had it on your website for the world to see (and me to copy it) I am guessing it is not a $10 million photo. See the article in the OP. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [July 13, 2021, 8:49pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/75 "2021-07-13T20:49:44Z")
I don’t think there’s a factual answer to your question. The owner of the photograph can definitely sue you to take down the image. If there are actual damages, or punitive damages, the owner can sue you for that amount as well. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [July 13, 2021, 8:57pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/76 "2021-07-13T20:57:28Z")
> [@Whack-a-Mole](#): > > Ok. > > You take a photo of me without my permission. You put it on your website. > > I copy that photo and use it in an Instagram post. > > What damages can you claim when you sue me? > > As I understand it, in most cases (there are some exceptions), you need to tell the court how much money you lost because I used that photo. > > So, how did you lose money in this case? How much did you lose? Not necessarily. You used my property (the picture) without my permission. I don’t have to lose money to have a claim you violated my copyright. It doesn’t matter that you are the subject of the photo, the image belongs to me and you can’t use it without my permission. I seem to recall in another thread you not being able to understand that not all arrestable offenses are actual crimes. These are some of the [shit! I can’t think of the word!] of American law. You may not like it but that’s the way it is. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 13, 2021, 8:59pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/77 "2021-07-13T20:59:51Z")
> [@pkbites](#): > > I seem to recall in another thread you not being able to understand that not all arrestable offenses are actual crimes. These are some of the [shit! I can’t think of the word!] of American law. You may not like it but that’s the way it is. Link? ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [July 13, 2021, 9:00pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/78 "2021-07-13T21:00:08Z")
> [@pkbites](#): > > [shit! I can’t think of the word!] Intricacies? Foibles? Ins-and-outs? Complexities? Eccentricities? ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [July 13, 2021, 9:01pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/79 "2021-07-13T21:01:51Z")
> [@Whack-a-Mole](#): > > What damages can you claim when you sue me? Why do you have to sue for damages? You can sue to get the photo taken down. There is more than one response to a copyright violation. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 13, 2021, 9:03pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/80 "2021-07-13T21:03:49Z")
Usually when someone sues they want to recover more than it cost them to sue. Lawyers are not cheap. But maybe it was the principle of the thing and worth a few thousand to this photographer. I dunno. I’d submit that by the time the court rules taking down an Instagram post is pointless. It’s already been viewed about as much as it ever will be and you probably can’t claim monetary damages (or, if you can, I doubt they will cover legal costs). So why bother? [Previous page](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146.md?page=3) [Next page](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146.md?page=5)