Legal Question in Technology Law in Kentucky

Photos on Internet

What are the legalities of putting someone's photograph on the internet? Does actual written permission need to be received before posting a photograph of a person?


Asked on 6/22/00, 10:24 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Photos on Internet

Well it depends upon the photograph. If it is one taken at a base ball game, for example, when one is in public with others at a public event and has no expectation of privacy, the later publication is OK.

If it is a posed photograph, nude for example, then there is in fact an expectation of privacy and one cannot legally publish the photograph without permission or a release.

One problem with the net is that publishing a photograph there broadcasts it to countless states and countries.

The matter will be controlled by the law of the jurisdiction where the publisher of the photograph lives.

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Answered on 9/01/00, 9:58 am


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