# If someone takes a picture of you (without your permission), who owns the picture?

**URL:** <https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146>\
**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:** 8

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**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 16, 2021, 7:49am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/141 "2021-07-16T07:49:50Z")

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> [@Whack-a-Mole](#):
>
> Of course it is a crime.

No, it is not. In my state conduct that is punishable only by forfeiture (monetary fine) is not a crime.

> [@Whack-a-Mole](#):
>
> If not a crime why is the second occurrence different?

Because the second one can result in imprisonment.  
Traffic infractions, local ordinance violations, and state forfeiture offenses are not crimes because they can’t result in imprisonment.

[Here](https://docs.legis.wisconsin.gov/statutes/statutes/939) is the statute:

**939.12**** Crime defined**. _A crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime._

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**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 16, 2021, 8:28am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/142 "2021-07-16T08:28:27Z")

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> [@pkbites](#):
>
> **939.12**  **Crime defined**. _A crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime._

Since when is a crime defined as imprisonment only?

The definition _you_ provided says a fine is sufficient.

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**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 16, 2021, 8:54am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/143 "2021-07-16T08:54:05Z")

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> [@Whack-a-Mole](#):
>
> The definition _you_ provided says a fine is sufficient.

No it doesn’t. it says the punishment for crimes can be either or both. But for noncrimes it can only be a fine. First offense drunk driving is not a crime here because it can’t be punished with incarceration, only a fine. There are those pushing to make it a crime, however.

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**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 16, 2021, 9:05am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/144 "2021-07-16T09:05:56Z")

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So how does a crime differ from a non-crime?

How is @UltraVires in a different position than you for the same infraction that you would say is not a “crime” for you?

I’ll save you some time. It is semantics.

You are both busted. You both pay fines. You are both in more trouble if you continue. There is no relevant difference.

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**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 16, 2021, 10:31am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/145 "2021-07-16T10:31:36Z")

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This was already explained to you. Go to bed.

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**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 16, 2021, 11:50am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/146 "2021-07-16T11:50:30Z")

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That is a tired reply of yours. You have not answered in either case.

Just admit you got nothing.

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**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 16, 2021, 11:54am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/147 "2021-07-16T11:54:48Z")

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Just stepping in to say that **pkbites** has explained it very clearly in my opinion.

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**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 16, 2021, 11:56am UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/148 "2021-07-16T11:56:11Z")

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So where did I go wrong?

@pkbites is arguing semantics.

Answer post #144.

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**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 16, 2021, 12:06pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/149 "2021-07-16T12:06:20Z")

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> [@Whack-a-Mole](#):
>
> So how does a crime differ from a non-crime?

> [@pkbites](#):
>
> Because [a crime] can result in imprisonment.  
> Traffic infractions, local ordinance violations, and state forfeiture offenses are not crimes because they can’t result in imprisonment.

> [@pkbites](#):
>
> It’s obvious. One of us wouldn’t have to admit to being convicted of a crime. And as pointed out such as applying for a job a criminal conviction can hurt your chances.

> [@pkbites](#):
>
> It’s not semantics. If you have a state statute that says “such and such and such” are not crimes it’s a fact of law, not semantics.
> 
> If you had been convicted of a non-criminal ordinance violation would you consider yourself a criminal? I think the term criminal is a lot more serious than simple semantics.

That’s just a sampling.

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**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 16, 2021, 12:06pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/150 "2021-07-16T12:06:38Z")

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You can explain things to some people, but you can’t comprehend it for them.

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**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 16, 2021, 12:07pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/151 "2021-07-16T12:07:37Z")

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Well, I made one more attempt, but now I think I’m done.

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**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 16, 2021, 1:17pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/152 "2021-07-16T13:17:24Z")

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And ignored all of my replies.

Good job.

Trump does stuff like that.

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<div class="post-metadata">

**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 16, 2021, 1:20pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/153 "2021-07-16T13:20:14Z")

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> [@Whack-a-Mole](#):
>
> @pkbites is arguing semantics.

I know it’s a cliché, but it’s rarely more applicable than now.

> You keep using that word. I do not think it means what you think it means.  
> -Inigo Montoya

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<div class="post-metadata">

**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 16, 2021, 1:25pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/154 "2021-07-16T13:25:31Z")

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@pkbites: It’s not a crime!  
@UltraVires: Really depends on the state. What you say is not a crime is a crime in my state.  
@Whack-a-Mole: What’s the difference besides words between the two?  
@pkbites: It’s not a “crime”! I proved it?  
@Whack-a-Mole: But what’s the difference?  
@pkbites: It’s not a crime! You are stupid!  
@Whack-a-Mole: That may be but please tell me what the difference is?  
@RitterSport: I believe @pkbites  
@Telemark: “Princess Bride” reference.

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<div class="post-metadata">

**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 16, 2021, 1:35pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/155 "2021-07-16T13:35:10Z")

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> [@Whack-a-Mole](#):
>
> And ignored all of my replies.
> 
> Good job.
> 
> Trump does stuff like that.

You found me out. I’m actually Donald Trump. Thanks for doxxing me.

Anyway, your replies were wrong or irrelevant. Covfefe!

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [July 16, 2021, 1:36pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/156 "2021-07-16T13:36:20Z")

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [July 16, 2021, 1:36pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/157 "2021-07-16T13:36:55Z")

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> [@pkbites](#):
>
> This was already explained to you. Go to bed.

> [@Whack-a-Mole](#):
>
> And ignored all of my replies.
> 
> Good job.
> 
> Trump does stuff like that.

**Modnote** : these replies are getting out of hand. Attacking/Insulting posters, Jr. Modding to some degree. Everyone please dial it back.

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [July 16, 2021, 1:51pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/158 "2021-07-16T13:51:40Z")

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This topic was automatically opened after 15 minutes.

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<div class="post-metadata">

**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 16, 2021, 1:56pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/159 "2021-07-16T13:56:40Z")

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No, you’re wrong!

Covfefe!

(Wow…you showed me the way. This is easier way easier than answering posts.)

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<div class="post-metadata">

**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 16, 2021, 2:40pm UTC](https://boards.straightdope.com/t/if-someone-takes-a-picture-of-you-without-your-permission-who-owns-the-picture/946146/160 "2021-07-16T14:40:29Z")

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> [@Whack-a-Mole](#):
>
> What’s the difference besides words between the two?

One gets you a criminal record, one does not.  
One is handled by criminal courts, one is not.  
One can get you sent to jail, one can not.

Those are real world differences, not semantics. But this has been explained several times in this thread already, so you must have some other objection. Would you care to explain what that objection is?

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