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Is it legal for a Photographer to post a public picture without consent?

  • A friend of mine got a tattoo recently at a tattoo convention. A photographer (who i also know) was hired to document the convention. While she was getting her tattoo, the photographer asked the artist if he could take a picture. My friend was oblivious of the picture until it was posted publicly today on the photographers page as a "sneak peak" of the tattoo convention. We've messaged the photographer asking that the picture be taken down, but he refuses (due to massive ego). This wouldn't be a big deal, but the tattoo/this revealing picture could cost my friend her job, and cause a large degree of emotional stress if word was to get out. Not to mention, getting a tattoo (first at that) is an intimate moment for some, and she does not want it to be seen by the public. What are the privacy laws for something like this?(NC) It was in a public setting (tattoo convention) and the photographer was hired to take pictures, but besides the fact that morals/respect for an individuals body should move a PROFESSIONAL PHOTOGRAPHER to respect ones wishes, what can we do? Any suggestions/links would be greatly appreciated~! (and if someone says "well if she doesnt want anyone to know, why did she get in done in public??", please remember, thats not the point. if i got a picture of you peeing on a public tree, would you like me to share it with the world?lol)

  • Answer:

    Generally speaking, there is no expectation of privacy in a public place. If photography was allowed at the convention, the photographer has done nothing wrong by taking a picture of your friend and posting it online. If your friend didn't want anyone else to see the tattoo or her getting it, she should have made an appointment at a private tattoo studio and had it done where she wouldn't be observed by other people. Of course, we live in a litigious society. Your friend could conceivably retain a lawyer and attempt to sue the photographer to have the image removed... but, like the guy who was caught urinating in his garden by a Google street view car, she'd run the risk of everyone finding out about the picture. Hers probably wouldn't make international news, but you never know...

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Other answers

"but he refuses (due to massive ego)." No. he refuses because he does not have to take it down. Your "friend" goes to a public convention and then gets a tattoo which could cause them problems and then moans about a photographer doing their job??? do me a favour. Oh yeah - in answer to your question. YES, it is perfectly legal for the photographer to post the image.

Andy W

"but he refuses (due to massive ego)." No. he refuses because he does not have to take it down. Your "friend" goes to a public convention and then gets a tattoo which could cause them problems and then moans about a photographer doing their job??? do me a favour. Oh yeah - in answer to your question. YES, it is perfectly legal for the photographer to post the image.

andy w

If your friend doesn't want people knowing that she got a tattoo why did she get it done at a convention? You've said yourself it was a very public event. And if it could cost her her job, more fool her. Is a tattoo worth her livlihood? If the photographer takes an image in a public place, it's his/hers to do with as they wish. He's under no obligation to take it down. Fair enough if you've asked and he said no that makes him a bit of an *** but there's no law against it.

Jen

If your friend doesn't want people knowing that she got a tattoo why did she get it done at a convention? You've said yourself it was a very public event. And if it could cost her her job, more fool her. Is a tattoo worth her livlihood? If the photographer takes an image in a public place, it's his/hers to do with as they wish. He's under no obligation to take it down. Fair enough if you've asked and he said no that makes him a bit of an *** but there's no law against it.

Jen

A person has no expectation of privacy in a public place. If your friend was getting a tattoo in a public place, she has no expectation of privacy, and so the photo can indeed be published without her permission or over her objections. Yes, it would be "decent" of the photographer to remove it after being requested -- but no, he is under no legal obligation of any kind to do so. Next time, suggest to your friend that she get her tattoos in private if she wants them to be private. Peace.

WellTraveledProg

A person has no expectation of privacy in a public place. If your friend was getting a tattoo in a public place, she has no expectation of privacy, and so the photo can indeed be published without her permission or over her objections. Yes, it would be "decent" of the photographer to remove it after being requested -- but no, he is under no legal obligation of any kind to do so. Next time, suggest to your friend that she get her tattoos in private if she wants them to be private. Peace.

WellTraveledProg

If your friend was that concerned about her job and the potential ramifications of a tattoo then she should not have gotten one in the first place. She also should not have been at a tattoo convention where photographers would be doing their job to cover the event. The photographer is well within his/her right to keep the photo posted on their web site. Attendees are at a PUBLIC event and as such cannot expect privacy nor demand it. It's not the photographer's ego at play. It's his/her job here and he/she is showing their photos from the event. And frankly, if you got a photo of me peeing in public (as a woman this would never happen) and no one but me or perhaps my husband could identify me, then it would be your right to post that. I can ask you nicely to remove the image but legally you are well within your rights to say no.

Whatever

Generally speaking, there is no expectation of privacy in a public place. If photography was allowed at the convention, the photographer has done nothing wrong by taking a picture of your friend and posting it online. If your friend didn't want anyone else to see the tattoo or her getting it, she should have made an appointment at a private tattoo studio and had it done where she wouldn't be observed by other people. Of course, we live in a litigious society. Your friend could conceivably retain a lawyer and attempt to sue the photographer to have the image removed... but, like the guy who was caught urinating in his garden by a Google street view car, she'd run the risk of everyone finding out about the picture. Hers probably wouldn't make international news, but you never know...

Q

If your friend was that concerned about her job and the potential ramifications of a tattoo then she should not have gotten one in the first place. She also should not have been at a tattoo convention where photographers would be doing their job to cover the event. The photographer is well within his/her right to keep the photo posted on their web site. Attendees are at a PUBLIC event and as such cannot expect privacy nor demand it. It's not the photographer's ego at play. It's his/her job here and he/she is showing their photos from the event. And frankly, if you got a photo of me peeing in public (as a woman this would never happen) and no one but me or perhaps my husband could identify me, then it would be your right to post that. I can ask you nicely to remove the image but legally you are well within your rights to say no.

The Writer

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