Selling Photographs of People: Legal or Not?

With the rise of social media and e-commerce, sharing and selling photographs has become a common practice. However, the legality of selling a picture of someone can be a complex issue. Let's explore the details under different circumstances.

Copyright Ownership and Usage

When you take a photo, you automatically become the copyright holder. This means that you have the exclusive right to use, distribute, and sell that image. However, the situation changes when the photo involves another person.

Case 1: You Took the Photo

If you took the photograph, you own the copyright. Therefore, you have the legal right to sell that image without obtaining permission from the subject. However, this doesn't mean you can sell it however you wish. The primary consideration is the intent and manner of use.

Advertising and Defamation

Using the image for advertising a product or making defamatory claims can put the subject in a vulnerable position. If the subject can prove that you have caused them harm through your unauthorised use of their image, they may have grounds to sue you for damages. This includes cases where the image is used in a false or misleading manner.

Variants intended for editorial or artistic purposes generally do not pose a legal problem. This includes uses in news articles, editorial content, and artistic expressions where the subject's identity is a significant part of the work. However, it's always advisable to seek explicit permission when working with identifiable individuals.

Case 2: The Subject Took the Photo Themselves

If the person in the photo took the photograph themselves, they hold the copyright to the image. In such cases, you would be infringing on their copyright by selling the image without their permission. This copyright infringement can lead to legal action and potential financial penalties.

Case 3: Photography Paid for by the Subject

If the photography was paid for by the subject, they generally own the copyright. Even if you were involved in the actual photography, the payment of the service usually transfers the copyright to the subject. Therefore, selling the image without their permission would be a violation of their rights.

State-Specific Privacy Rights Laws

Some states have enacted privacy rights laws that can make it illegal to sell images of individuals without their consent. These laws often focus on the protection of intimate or sensitive images, and the unauthorized sharing or sale of such images can lead to serious legal consequences.

Conclusion

While the practice of selling photographs is widespread, it's crucial to consider the legal implications and the rights of the individuals in the images. Always seek permission and be aware of the specific laws in your jurisdiction. If in doubt, consult a legal professional to ensure compliance with all relevant statutes and regulations.