Does anyone know about the laws concerning selling someone's private photos to a magazine or internet gossip site?

If someone copies private photos from a photobucket account, or videos from youtube.. are there any laws concerning if you sell them? I mean, can someone get in big trouble for that?

Yes, they can get in trouble. I just heard where some phone company (Verizon?) took a photo of a girl off her kodakgallery or photobbucket and then edited the photo (took her friend out, etc) and used it in one of their commercials overseas. Somehow, the girl saw the commercial (internet commercial site?) and saw herself in it! They sued the company for unlawful use of the photo and won. The company tried the defense that if it's on the internet, you no longer have the rights

The show I saw it on was saying your online photo albums aren't as secure as you would like to think so anything stored online is for the world to see...password or no pasword

__________________
Proud to say I haven't shopped at a Wal-Mart since Sept 2003

Yes, you can get in trouble two ways:
Using and profiting from a photo you did not personally take or obtain permission to use
Using a person's likeness without written consent
(I am a graphic artist and deal with stock photography quite a bit)

__________________
There are so many colors in the rainbow
So many colors in the morning sun
So many colors in the flower and I see every one!
-Harry Chapin

That's interesting. What if you took a photo of someone in a public place? Are the rules the same? What if you make copies (like I was saying in the other thread) not to sell but to give to the relatives? Is that okay?

__________________
The political system is broke and it's a joke.

How about linking to someone's photos and personal videos (like on youtube and photobucket)?

I think linking them is okay. They might not LIKE it, but I don't know that it violates a law.

I don't think taking photos in public is the same thing. The 'art' is in the 'taking', and typically the 'taker' owns the rights to the photo he/she took unless they give/sell the rights to someone else.

That's why it is illegal to copy photos from professional photographers, even if you are not selling them. The photographer owns the rights to the image. Their camera took it, their years of experience made the photo better, etc., and if you sit to have them take your picture (rather than having Cousin Bob take it out back) they deserve compensation.

It may seem an odd comparison, but there is an analogy to be drawn here with tipping in restaurants. While ideally we might all just prefer to pay a little more for the food and not have to tip on top of our food bill, we all understand that waitresses don't make a lot from their base pay. and that often they earn the money that lets them eat through the tips they generate. The better their service, the bigger the tips, and the more successful they'll be in having a living wage.

Photographers have a similar set-up. They are apt to get a base rate from the sitting fees they collect, and that helps pay their office staff, pay for their cameras and the overhead associated with their business... but they money *they* get to put in their pocket is apt to come from the sales of photographs. If you just take the proof and make copies you've cheated them - and it is illegal.

With internet-found photos, I think you can link them, but you're not supposed to save them and use them. If the owner of the image came after you, they'd win.

It really surprises me that so many people here go up in arms when someone mentions copying coupons, finding a way to print more printables or taking advantage of a store's loop holes to get a deal - would condon making copies of a professional photograph.

There are many costs involved in taking a professional photograph.. equipment, training, overhead, etc. A photographer makes the majority of their income form the prints or usage rights of a photograph.

An example is this:
You go to a bakery and buy a slice of pie. The baker has paid for an education, the building they are in, business expenses, the supplies to make the pie, employees, etc.
You think the pie is really good and would like to share it with your family. So, instead of purchasing the remaining pie - you just take it.

I feel that if you want free photos, get your camera out and take them. If you are unhappy with the results and want them to look more professional - pay for it.

__________________
There are so many colors in the rainbow
So many colors in the morning sun
So many colors in the flower and I see every one!
-Harry Chapin

seeuinadrm,

I didn't see that anyone, on this thread anyway, condoned making copies of a professional photograph, but maybe I just missed something.

It sounds to me like everyone is pretty much in agreement that this is a copyright violation.

I had a woman that was "stalking" me on the internet, if you will, (actually through ebay) and she took some of my pictures off of my myspace and my photobucket and copied them to her computer. Then she used them as her avatar and in her tag line making fun of my family and I.

To me, this was a violation. I took those photos, and they were mine. Not for her to use or steal..But someone said that since they were from an open photobucket account they were fair game.

I don't agree with that and don't believe for a second it was true.

I have been guilty, however, of copying photos that were taken of my children and using them in christmas cards or fliers, etc. But then again, I also purchased said pictures and "owned" them.

I remember vaguely that someone was saying that if you own a CD from an artist and you make copies, that is okay..as long as you bought and own the original and can prove it.

Again, sounds like that might not be true, but I am not savvy on these things at all.

What are you going to do about this lady that did this to you? do you know her personally? that is a shame that that happened to you and an even lower blow that she involved your family.

__________________
John 14:1
GO GATORS!!
GO BEARS!!
Check out my pictures!! Just click below:
http://www.flickr.com/photos/gotjenks/

If it's illegal to sell other peoples' images why aren't papprazzi in jail? It must be legal to sell and take pictures in public or they would be in jail and there would be no Star or Enquirer right?

__________________
The political system is broke and it's a joke.

well I would take it another way... If the person is making fun of you and your family, that is more like defamation of character, slander I bet you can get her that way, and then use the pictures as proof etc.

__________________
Proud mom to 4 great boys Anthony20,Nicholas16,Michael4,Sean2

It is illegal to sell images *taken* by other people, not *of* other people.

If someone is out in public, I believe they are considered fair game. You can photograph them and sell the picture you took.

Nobody but you, however, has the right to sell that photo.

At least, that is the way I understand it.

The photographer is the *artist*, and the photo is a work of art that belongs to him or her. Just like an audio recording... you can have a copy of a CD, but that doesn't give you the right to reproduce the music on that CD and give it to your friends. The singer and the record company make their living off the sales of the music, and when people give it to others, they get to enjoy the art without paying the artists, which is illegal.

I realize things are changing somewhat because of the digital age, but my understanding is that that's the gist of it.

ETA: OP, I think you are correct - they don't have the right to use those photos. They belong to you.