From: Boris Liberman
What you say makes sense, but there is a major problem with such an
approach, as I see it, personally.
Consider that you made a photo of yourself on backdrop of Trafalgar
square and you want to publish it in your blog basically just to boast
that you were there and how good you looked. Now, if what you say
applies, you /cannot/ publish it, unless you /obtained specific permit/
from /all/ people on the square that basically faced your camera and
weren't too far away from it or yourself.
Innocent unless proven guilty, not the other way around.
Under U.S. law, images of identifiable persons in a public place may be
used for non-commercial purposes, where non-commercial is defined as not
used for selling a product.
Or it could be a private place that is clearly visible from a public
place without the photographer engaging in trespass ... like a
restaurant patio adjacent to a city sidewalk.
If I met you out on the streets of NYC and took your photo, I could do
just about anything with that photo except use it in an advertisement to
sell stuff. If I use my photo of you to sell soap on TV or in a
magazine, that's commercial use.
Publishing the image in a book, selling prints, posting on-line are all
non-commercial use. Particularly, you have no right to object if you are
not the main subject; if you just happen to be in the public place at
the time I was there taking a photograph.
If you don't want to be in my photo of the Lions at the steps leading to
the NY Public Library, then YOU have to get out of the way! You can't
tell me not to take a photo, and you have no legal basis to tell me what
I may or may not do with my photo.
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