Does posting photos of strangers to your blog violate their privacy?

Is it ok to post your photos of strangers on your blog or on Flickr. Wired Magazine says go ahead. As long as there’s no “reasonable expectation of privacy” - meaning, they aren’t somewhere they’d never expect a camera to be - you should be ok in regards to privacy issues in most cases.

That said, the article mentions a few no-nos. If you find a couple of underage teens having sex in public, don’t shoot - you’d be a child pornographer. In other cases, they mention that taking a picture of public art may be a copyright violation (I’m curious to learn more about this…) as well as taking pictures of nuclear plants and military installments.

Also, rules vary from state to state, and some have “really goofy laws,” notes Bert Krages, an Oregon lawyer who specializes in photography issues. In Texas, for example, it’s illegal to take someone’s picture if it’s “for the purpose of another’s sexual gratification” - which could include, say, a candid shot at a nude beach. Outside the US, it’s best to ask permission. In Qu?bec, a teenage girl successfully sued a photographer for $8,000 after he took her picture without her knowledge, even though she was sitting on the front steps of a public building.

If you post pictures of strangers on your blog, watch for other legal traps. Don’t write a caption that misidentifies someone or is unduly mocking - your subject could sue you for placing him in a “false light.” Or let’s say you’ve started a blog, and you take a snapshot of someone at a bus stop, then Photoshop it into a banner ad promoting your site. This implies the subject endorses your work, and she could file suit for publicity rights - a cut of the enormous revenues from your vast blog empire. That’s unlikely, though. In general, only big celebs with bankable images are rich and self-important enough to hire a lawyer to sue your ass. So don’t worry about the man on the street. But think twice before using that shot of Madonna. She is the Material Girl.

Source: Wired Magazine

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