Can I Use Photos Taken of Myself without permission?

Question

Copyrights are rather difficult things to understand and I'm in a little debate with a friend. See, I don't own a camera so when I go out with friends I ask them to take photos for me and of me. When they post them or share them, I then copy them for myself. Now I don't use them commercially, use is strictly private and personal to show friends and family across the globe of events like birthday parties and places I've been.
But one of my friends is getting mad because they took that photo and I posted it on my personal, very private profile. We're wondering if its copyright infringement. But again 1) photos are of me or my friends in places together, or in some cases the places 2) in most cases I asked for that photo to be taken or copies to be given.
So is it alright? Or is it wrong to use them?

Answer 1

Copyright is not difficult to understand at all.



The photographer (or the company they work for) is the owner of the copyright and as such are the ONLY ones who can do anything with the images unless they give specific permission to someone else.



What you did by posting the picture IS a copyright infringement as the image belongs to your friend.

I cannot actually see your friends problem though if they are just snapshots taken whilst out and about but legally they do not belong to you and you infringed their copyright.

Answer 2

You are infringing on your friend's copyright if you post pictures they've taken without permission, even if you're just posting them on a "personal, very private profile." Asking that person to take your photo doesn't magically change copyright laws. Neither does asking for copies of the photos. While a copyright DOES have to be registered in the U.S. if the copyright holder wants to sue for infringement, you still need to respect your friends' rights as the photographer.



One thing I am curious about is how you are posting the pictures your friend(s) took on your own profile. Are you downloading the image and uploading it to your own account without crediting the photographer? Using a share link to show others while crediting the person who took it? If this is taking place on Facebook, you can ask you friend to tag you in any photos you appear in. That way, your friends will be able to view those photos from your profile and you will not have to repost the photos.

Answer 3

In the USA No, you can't use it without their permission. they own the copyright because they took the photograph. A photograph is considered "intellectual property" and they created it albeit with minimal skills if it is a snapshot.

sorry.

That said, I think you and your "friend" are getting out of hand with this because you asked them to take the picture. If they knew what was going to happen with the images this would make a judge annoyed at a frivolous law suit. I have a family member who is a judge and I know this would annoy him.



A photograph can also fall under "work for hire" where the person is employed by a company and uses the company's equipment to take pictures as part of their job. Then the company holds that copyright.

Answer 4

If you can't work this out with your friend, then it might be time to make new friends. Frankly, this sounds like a tiff between friends, or perhaps a friendship going south. Copyright law is designed to protect owners of intellectual property from egregious abuses that involve major losses, as in making money off somebody else's work and not recompensing them. It is not meant to settle tiffs between friends.



Those on here who state that you are infringing on the photographer's copy rights are quite correct. However, there appears to be an implied verbal agreement about the circumstances around which CASUAL (read that non-commercial) pictures were taken and offered. And as one respondent mentioned, no judge is going to want to hear this case. I suggest that the easiest path for you to take is to either settle the disagreement with your friend or find a new friend to take pictures of you.

Answer 5

Without a legal model release from you as subject of a photograph, the photographer has no legal right to display or distribute the photo, least of all sell the photo. The only exception is when you are in a photo used for editorial purposes, like if you happened to be in a crowd of people photographed for a news article say, after a natural disaster.



But you can't claim ownership of the photos as well because you were not the photographer. The copyright laws are a quagmire of inconsistent goo. It pretty much comes to 'he who has the most money, wins.'

Answer 6

No you cannot. It is copyright infringement. You cannot use photos taken by someone else without their express permission. It makes no difference if you are in the photo or not.

Answer 7

I don't know what Facebook says about photo sharing with other media sources, but my basic assumption is that this is not allowed. If you never got asked directly by the newspaper about the use of the photo then you have enough right to sue them. It's theft of your property.

Answer 8

No its wrong to use them. The person who took the picture owns the copyright and you cannot post them without their permission.

Answer 9

It's an interesting standoff. The photographer owns the copyright but is fairly limited in what he/she can do with it without a signed model release.



I think you need to discuss it with your friend and settle this in an adult matter.

Answer 10

You requested a service from a friend. YOU : "Please some photos of me, so I can use them later." FRIEND : "OK." Done.



There is no infringement. Also, they are of you AFTER you asked them to take the photos of you.



Copyright infringement is someone using someone elses product, or Intellectual Property, without their permission, for personal profit/gain.



A photo taken by a friend, with your permission, isn't anywhere near this. If your friend is trying to get you into trouble for something they did, after you asked them to do it and it's not illegal to begin with, then I hate to say it, but your friend isn't a friend.