A Facebook friend just posted a picture of you online where you were drinking at a wild party, with a hat on your head and what you consider is the stupidest look on your face? Does this violate your rights in any way, or is this the kind of thing you just have to overlook, grin and bear it?
It turns out that in many states it is against the law for someone to post a picture of another person online without his/her permission, particularly if it is used for business purposes. Each state, however, has its own statutes regarding this. Although most people don't know what to do in the case of a picture being posted without permission, it is said to at least pose the question, with the answer estimating that it's not a good idea.
Most posts are entirely innocent; nevertheless, if someone doesn't like a picture, he or she can ask that it be removed. If it isn't, there could be a violation of copyright law or perhaps defamation.
In the case of the media, the law has some protection when the picture is relevant to the material and can be evaluated as such under Fair Use provisions.
You don't need to be a celebrity for a copyright infringement to be possible. And in the case of defamation, loss is often the measuring stick to assess what the damages might be, if any. In each case, experts tell us an attorney should be consulted.
The question about a picture and copyright law was recently asked by an individual, and Attorney, Ray Beckerman, responded, "There is a New York statute which prohibits using someone's likeness for trade or business purposes without their permission. It is Civil Rights Law Section 50."
It seems that under these conditions fall under business purposes, but it's reasonable when there is a question to contact an attorney and to check the state law, as every state has its own conditions for violations of law.
Questions and answers about the law can often be answered in forums, discussion or online sites. Most of these sites also encourage readers to check with a professional before making a major decision, however. That is true of Justia.com.
The Internet is a gold mine for finding answers to a myriad of problems, including medical and legal ones. Medical sites like WebMD and The Mayo Clinic offer general information as well as question and answer sections on various diseases. People are able to find some of their answers, but these sites also encourage consultation with a physician.
The law and medicine are complex arenas, however the ordinary person can find a good deal of reference material related to one's personal situation. And in the case of posting a picture on Facebook without the person's permission, use good judgment and ask.
