Can a photo be used without your permission?
Question Details:
I recently attended a small local pageant where a reporter posted as a mother and then published a story in the paper and used photos of the children;the faces were blotted out. I'm wondering if legal action can be taken against this reporter as my son was one of the photos used and I did not give permission for this?
The First Amendment to the Constitution, Freedom of the Press, protects the right of the press to report on a newsworthy event and take photos. The First Amendment outweighs privacy concerns in this case.
If this had not involved Freedom of the Press and had just been a person taking pictures without your consent and selling them, you would have a case for invasion of privacy. Invasion of privacy includes the appropriation of one's name or likeness for commercial purposes.
