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    Is it legal for someone to take your photograph without permission?

    In workplace another employee has taken photographs and thinks he can use them against. We have had letters from employer to say mobile phones are not to be used in the workplace so why is he using his as a camera?

    +1  Views: 1039 Answers: 5 Posted: 10 years ago
    Colleen

    Moderator
    Not in the workplace. Only out in public, on public property. Report this person to a supervisor for using his mobile phone against company policy. I'm sure the policy will apply to using the phone as a camera.
    ROMOS

    TX for confirming my answer Colleen.
    Colleen

    Moderator
    Just defining a difference of where and when it is legal or illegal.
    Joe622

    As a former part time photographer, I've encountered this question many, many times and read many articles on this in photographer magazines. Essentially, if you are in a place that is open to the public it is not a violation of your privacy to photograph you without your permission. Your photo can NOT be used for commercial purposes without your consent e.g. advertising. The photo can be used without a release from you for "editorial purposes" e.g. published in a newspaper, magazine etc. where the primary purpose of the publication is to educate or inform the public.

    Consider celebrities who hate being hounded by paparazzi and having their pics published in the National Enquirer. A photographer, on public ground, shoots, over a fence, an actress in a private outdoor pool somewhere and then it's published by National Enquirer. These types of pictures are published every day against the wishes of the individual photographed. A release is not required for "editorial use" i.e. if the publication's primary purpose is the "educate or inform the public" - very questionable when it comes to the Enquirer IMO.

    How a court might define the work place I don't know. Years ago a case went to court where party A photographed party B in the restroom of a bar. B sued A and lost because the restroom was ruled to be an area open to the patrons of the bar!
    mycatsmom

    Thumbs up,Joe622.

    5 Answers

    Not without your permission.

    Think about the number of photos that are taken of the "rich and famous" and plastered on magazines and internet videos.  There are some limits to what a person can do with a photo.  A photographer should ASK about taking your picture and, if (s)he wants to use it for publishing purposes of any sort, should have you sign a waiver (I did this a few years ago when a photographer wanted to use me as a model for a contest on "aging gracefully" he was entering - I was a good example, at the time).  
    What your coworker is doing sounds like he has been expressly forbidden to do, so, like suggested, rat him out and hope he ends up looking for work elsewhere.  

    itsmee

    Oh my! If someone wanted to take my picture with the caption AGING GRACEFULLY, I'd have a cow fit. I would insist the caption be TALL, TAN, YOUNG, and LOVELY. " aging gracefully," ptui. If I was 85 and looked 25, it might be ok.
    Now ... Right here I'll say. I do not know your age and it makes no never mind. You are definitely graceful. You have not aged an inch.
    Perhaps you knew the photographer and he knew your age. That would be different. : ))
    Bob/PKB

    You always give me an opportunity to smile! The shoot was done in May, 2009, when I was 57 (see photo I keep using here). I guess the photog thought I looked well for my age.It was fun, easy, and my photo here is one of the best I've ever taken.

         As a former part time photographer, I've encountered this question many, many times and read many articles on this in photographer magazines.  Essentially, if you are in a place that is open to the public it is not a violation of your privacy to photograph you without your permission.  Your photo can NOT be used for commercial purposes without your consent e.g. advertising.  The photo can be used without a release from you for "editorial purposes" e.g. published in a newspaper, magazine etc. where the primary purpose of the publication is to educate or inform the public.


         Consider celebrities who hate being hounded by paparazzi and having their pics published in the National Enquirer.  A photographer, on public ground, shoots, over a fence, an actress in a private outdoor pool somewhere.  These types of pictures are published every day against the wishes of the individual photographed.


         How a court might define the work place I don't know.  Years ago a case went to court where party A photographed party B in the restroom of a bar.  B sued A and lost because the restroom was ruled to be an area open to the patrons of the bar!

    Ask Sam Worthington & Lara Bingle.They are in a world of trouble at the moment for biffing up a photographer.

    I guess it's legal unless you get a P P  O  for a photographer to stay away from you.............like the late Jackie Kennedy Onassis did. She got one for one of the  first  paparazzis that was really bothering her. He would hide behind bushes and shrubs and pop out at her and her kids. I think his  name    was Ron  Gazella, or something like that. He made a lot of money off of her. He was the fore runner in his field. At least he had some class by hiding or staying in the background . Nowdays, the paparazzi just run up to and surround a celebrity while the celeb is trying to do something, lie teach their child how to ride a bike or swim.And they yell stupid questions at the celeb. Prince Charles said that in the U.S.., the photogs  yell  " Prince, Prince ! "  like a dog, to get his attention.



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