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Old Jun 29, 2005, 5:34 PM   #11
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vIZnquest wrote:
nlp239 wrote:
I would be too afraid of legal problems to publish a shot of two people whom I didn't know and whosereleaseI didn't have.

Any views on that???

Posted in another forum by tswen:

Any person on public ground under the Right to Publicity Act, can be photographed without their knowledge, as long as the picture is not being used for commerical purposes (a.k.a appropriation of name or likeness)

Exact Law: In the United States, the Right of Publicity is largely protected by state common or statutory law. Only about half the states have distinctly recognized a Right of Publicity. Of these, many do not recognize a right by that name but protect it as part of the Right of Privacy. The Restatement Second of Torts recognizes four types of invasions of privacy: intrusion, appropriation of name or likeness, unreasonable publicity and false light. See Restatement (Second) Of Torts §§ 652A - 652I. Under the Restatement's formulation, the invasion of the Right of Publicity is most similar to the unauthorized appropriation of one's name or likeness. See Restatement (Second) of Torts § 652C, comments a & b, illustrations 1 & 2.

In regards to whether it can be posted on the internet for anyone to see, here is a court case involving a picture being used in the media

According to Meetze v Associated Press, the right of privacy protects only the ordinary sensibilities of an individual and not super sensitiveness. A newspaper article about a newsworthy event including a picture of the plaintiff which was not reasonably calculated to embarrass or humiliate [the] plaintiff is not actionable. Meetze v Associated Press (1956) 230 SC 330, 95 SE2d 606.

Here is the reply to your question.

If candids and posting them are not what you are comfortable with then that is understood. Thisreply answers your question and the post is not a problem except how you feel about it. That feeling is relevant to you and so duly entitled to be that way,but, it does not break any law.

I see nothing wrong in posting candids like thisand that is my view.
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