{"id":353428,"date":"2019-10-24T15:20:42","date_gmt":"2019-10-24T20:20:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/can-someone-take-my-photo-without-permission.html"},"modified":"2023-06-12T17:19:55","modified_gmt":"2023-06-12T22:19:55","slug":"can-someone-take-my-photo-without-permission","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/can-someone-take-my-photo-without-permission.html","title":{"rendered":"Can Someone Take My Photo Without Permission?"},"content":{"rendered":"\n
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Can Someone Take My Photo Without Permission?<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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As with many legal questions, the answer is that it depends on the context. In public spaces, a person can usually take your photo without consent. Yet, the law protects your privacy rights in many other places and situations.<\/p>\n\n <\/div>\n\n\n\n

Everyone is a photographer in the age of social media and cell phones. It is easier than ever to whip out a smartphone from a purse or pocket to snap a picture of whatever a person wants to document. Whether close up or from a distance, a photo or video can quickly capture and preserve a moment in time, for better or worse.<\/p>\n

All this picture-taking and videotaping leads many people to wonder about their\u00a0right to privacy<\/a>. This article describes when photography crosses the line into a violation of privacy.\u00a0<\/p>\n

Privacy violation cases like these often need legal help. Even if you didn’t suffer a physical injury, the loss of your privacy<\/a> can be a different type of injury in the eyes of the law. A personal injury attorney<\/a> can help you file a claim against the violator.\u00a0<\/p>\n

‘My Neighbor Took My Picture’<\/h2>\n

Let’s say one day you are gardening and minding your own business in your yard when you see your neighbor taking your picture from their upstairs window. You feel as though your privacy has been violated<\/a>. You may even worry that it could be a form of neighbor harassment<\/a>. But has your neighbor broken the law? Probably not.<\/p>\n

If the neighbor taking the photo was on their property\u00a0\u2014\u00a0where they had a right to be\u00a0\u2014\u00a0and if you were outside in public view, the neighbor likely didn’t violate any privacy laws by snapping your photo. The First Amendment even provides a Constitutional right to photography and videotaping in public spaces.<\/p>\n

This disclaimer often shocks people, mainly because a photo can be taken from far away, perhaps without the subject’s permission or knowledge.<\/p>\n

When Does Taking a Photo Violate Privacy Rights?<\/h2>\n

Whether picture-taking violates the photo subject’s privacy rights depends on that person’s reasonable expectation of privacy<\/a> (REP)\u00a0where the photo was taken. The more public a place is, the less REP a person has. For example, your REP at a park or on the street is very limited.<\/p>\n

But, you can reasonably expect privacy inside your home or another private place, such as a changing room. Sometimes, you have a REP inside a public place, such as in a bathroom at a park or a locker room at a gym.<\/p>\n

Consider the example above with the neighbor. Your REP might change depending on whether you were in your front or back\u00a0yard when your neighbor snapped the photo.\u00a0For instance, if there is a fence around your backyard, you may have a claim that there is a higher REP than in the front yard.<\/p>\n

It is generally okay for people to take photographs at any public place or any private place that they own or rent. Being present on someone else’s private property generally requires the property owner’s consent to take photos. You would also need permission to be there in the first place (or you’d be trespassing).<\/p>\n

That said, if the photographer is taking photos for a purpose that violates state law \u2014\u00a0to\u00a0harass or stalk<\/a> \u2014 that’s another story. Even in public, these acts stretch beyond civil invasion of privacy and become a matter of criminal law.<\/p>\n

Other Inappropriate Photo Ops<\/h2>\n

Let’s say you arrive at a public accident scene and snap a photo of the car accident and the police officers tending to the injured parties at a busy New York intersection.\u00a0It turns out the unharmed driver in one of the vehicles is a celebrity,\u00a0so you photograph them for a commercial purpose.\u00a0Perhaps\u00a0you want to show they were not injured because the car they were driving is a better, safer buy.<\/p>\n

Here, you can get in trouble for stealing the celebrity’s\u00a0rights of publicity<\/a>, which is similar in concept to\u00a0intellectual property<\/a> rights. This gives protection to the celebrity’s name and likeness for commercial uses.\u00a0In this situation, it doesn’t matter that your photography took place in a public space or that the alleged victim had no reasonable expectation of privacy. You may be liable for trying to profit from their rights of publicity by selling your paparazzi photos to a car manufacturer.<\/p>\n

What if your photography frames the uninjured driver in a way that makes them look like they caused the accident or the wrongful death of one of the accident victims when they were not at fault? You could be liable for\u00a0defamation or false light torts<\/a>\u00a0for wrongfully harming the driver’s reputation, even though their privacy rights were not violated.<\/p>\n

Enforcing Your Privacy Rights<\/h2>\n

Enforcing an action for a violation of privacy can be complex. If you or your family members believe that your privacy rights have been violated, contact a\u00a0personal injury attorney<\/a>\u00a0near you who can provide legal advice and help determine what recourse you may have.<\/p>\n

A personal injury lawyer’s practice area usually covers legal action against insurance companies. It can also cover filing a personal injury case if necessary.\u00a0Some personal injury lawyers may give you a consultation about your legal issues without charging any fees.<\/p>\n\n\n

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