Legal Question in Civil Rights Law in California

is taking a picture of someone illegal?

if they use it to affect someone in a negitive way?

and possibly try to lie about the people in the picture?


Asked on 4/07/11, 10:42 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Thre are so many variables to answer this question. Pay the money to get real answers from an attorney.

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Answered on 4/07/11, 10:49 am

The famous legal answer: it depends. Generally speaking, taking someone else's picture without consent in public places is not illegal. One can take a picture of whatever he can see. But if the setting is taking place in a private place, then there might be an invasion of privacy issue, if without consent.

The picture taken cannot be used for commercial purposes without consent or compensation, or otherwise it is an invasion of privacy.

If the picture is used to portrait someone in a negative way, then there is a possible defamation claim against the photographer, if other elements of the defamation claim are satisfied, i.e., publication, etc.

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Answered on 4/07/11, 10:51 am


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