Sharing a photo

Kutie Karen

19

What is the law on sharing a personal photo taken at home with a third party?

Reply 1

BankaiGintoki

21

Original post by Kutie Karen

What is the law on sharing a personal photo taken at home with a third party?

ask the third party for consent before sharing? I dont know any laws…
Unless taking the photo is already a form of consent for it to be shared?

(edited 7 months ago)

Reply 2

londonmyst

19

Does the photo include nudity or any persons under the age of 18? :confused:

Was the photo taken with the permission of all the adults visible within it?
Is the photo intended to be sold?
Are their any plans to publish/share online as part of a business activities or over a personal social media account only used for hobbies & social purposes?

Reply 3

Kutie Karen

OP

19

This is a normal photo and no nudity taken at home with knowledge. However, it was not to be shared with anyone else and this has been sent to a third party without any consent or warning. Only became aware that the third party had this photo when emailed over. As far as I know it is not on any public forum as yet.

OP

anyone?

Original post by Kutie Karen

This is a normal photo and no nudity taken at home with knowledge. However, it was not to be shared with anyone else and this has been sent to a third party without any consent or warning. Only became aware that the third party had this photo when emailed over. As far as I know it is not on any public forum as yet.

Was the photo shared or posted online by the person who took the picture?

Reply 6

Kutie Karen

OP

19

Original post by londonmyst

Was the photo shared or posted online by the person who took the picture?

Thanks. It was emailed to a third party without any consent.

Reply 7

londonmyst

19

Original post by Kutie Karen

Thanks. It was emailed to a third party without any consent.

From a copyright perspective, the person who took the photo in a personal capacity will usually own the copyright.
This generally means that all personal and business use of the photo (including sharing it free via email or social media) will require the permission of the copyright owner.

For photos taken within a private venue, in general the permission of the adult pictured would be required before anyone else can lawfully share or publish the photo without violating the subject's right to privacy in a private place.

Best to never to trust the person who emailed the photo without consent with access to any more of your photos or information that you wouldn't want to be shared behind your back with half of the english speaking world.

Reply 8

Kutie Karen

OP

19

Original post by londonmyst

From a copyright perspective, the person who took the photo in a personal capacity will usually own the copyright.
This generally means that all personal and business use of the photo (including sharing it free via email or social media) will require the permission of the copyright owner.

For photos taken within a private venue, in general the permission of the adult pictured would be required before anyone else can lawfully share or publish the photo without violating the subject's right to privacy in a private place.

Best to never to trust the person who emailed the photo without consent with access to any more of your photos or information that you wouldn't want to be shared behind your back with half of the english speaking world.

Thanks that is very helpful. So in this situation, what can be done?

Reply 9

londonmyst

19

Original post by Kutie Karen

Thanks that is very helpful. So in this situation, what can be done?

It depends on the context.
Purpose of taking the photo, reason for sharing it without permission, what the photo shows and to whom it was shared without permission.
Whether the photo's contents are considered sensitive, embarrassing or to have a financial value.

It is possible to take legal action for both copyright infringement and unauthorised publishing/electronic use of personal photos taken in private premises.
But the costs in terms of time investment and professional fees tend to be quite high unless the photo has been used for commercial gain or any highly illegal purpose.
E.g. business advertising, blackmail, online extortion, harassing a young child or any sex crime.

If it is the copyright infringement element that most concerns you, you can add a copyright notice and watermark to all photos you take.
Plus be very cautious when considering whether to share your photos and who with.
If your concerns are more related to the problem of your photos being shared by an untrustworthy friend or relative that you had clearly instructed to keep the photos private, it's a warning that the friend should not be trusted again.
Maybe grounds to reconsider whether the individual is still compatible with your friendship dealbreakers and personal values.

I've had a few of my private photos with my face visible sold by "friends" over the years.
One silly journalist friend went as far as sneakily helping herself to digital copies of my swimwear photos and including them in an online tabloid article without my permission.
I am not a fan of selfies, never post photos of myself on social media or allow anyone else to include me in their online photo uploads.

Since the pandemic whenever any friend leaks private photo images of me or tries stealing them to sell/show to people that they know are predators whom I avoid like the plague, the friendship is immediately ended forever.
Along with all direct contact.
The jerks get a short swim in the icy ocean of cripplingly expensive litigation alongside the circling sharks where they can try to play a game of fake friends with my very hungry lawyers.

Sharing a photo

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