Photos are an important part of the social media experience. Instagram, Pinterest, Facebook, and other social media sites are largely built on sharing photos with other members.
This past week I got a question from a blogger that I was introduced to. She wanted to know if there were any rules on posting pictures to her social media accounts. These were pictures that she had taken personally so this was not a case of trying to use photos that belong to someone else (that’s a post for another day).
The “obvious” answer seems to be “of course I can post my pictures to my social media accounts” and that is mostly correct. However, as with many areas of the law, it’s not always quite that simple. There are a number of factors that you should consider prior to posting your pictures to a social media account.
With that in mind, here are some basic rules. Enjoy.
1. In Public Places, Fire Away.
In general, if you are in a public place (a park, a street, the high school soccer field), you can take photos to your heart’s content and post them just about anywhere you want, subject to the other rules shown below. If you’re an amateur history buff and want to take pictures of interesting buildings, go ahead and publish your photos for the world to see. If you’re on vacation, seeing the sights and taking pictures, you should feel free to post them just about anywhere, for just about any purpose, unless you’ve included pictures of people in your photos.
2. In Private Places, Be Careful.
If you are in a private place (someone’s home, a private club, etc.) then the owner of the private place can choose what rules apply. They may allow you to take pictures or they may decide that photography is not allowed. If a “no photography” sign is posted, you should not take any pictures. If you have any doubts, ask. If you’re taking pictures in a private place and the owner of the private place tells you to stop taking pictures, you must stop. You may be considered trespassing if you don’t. Additionally, some public locations and buildings like court houses, military bases, and police stations may be considered private places where photography is not allowed.
3. What About Taking Photos of People?
Another important consideration is what we lawyers call the “expectation of privacy” in a given location. Just because you’re in a public space, it doesn’t mean you can photograph another person and use their image in any way that you’d like. For example, if you’re in a public bathroom, you can’t take pictures of people. Period. There is an “expectation of privacy” in a bathroom, a shower, a locker room, etc.
Similarly, you can’t stand outside your boyfriend’s house and use your telephoto lens to capture candid shots of him in his house. Not only is that illegal, it’s creepy so don’t do this.
If you take pictures of people, and you don’t intend to use them in a commercial activity, and the photos were captured in a public place, and you didn’t violate anyone’s expectation of privacy, then you are pretty much free to post the photos to your social media accounts without any concerns.
However, if you are going to commercialize your photos, you will typically need permission from any person whose likeness appears in your photos (if they are recognizable). So, you can’t go around taking a lot of pictures of cute kids on the street and then sell your images as stock photos through a stock photography agency. If you want to make money from your photos, you should have your subject sign a model release, authorizing you to commercialize their image prior to using the photo in a commercial activity. Commercial activity can include using the photo on your blog or Instagram account if you are using those social media accounts to generate revenue.
Remember – Be Smart. Be Legal.
Disclaimer – Yes, I’m a lawyer, but I’m not your lawyer. All information in this post is provided for educational purposes only and should not be considered legal advice for any person or specific situation.
Very informative, clear and concise. Thank you so much for the info 🙂
Thank you. I’m glad you enjoyed the article.
You did not address taking pictures of children. Don’t you have to get parental permission before publishing their picture, even in a public place?
In general, the same rules apply to children as to adults. As mentioned, it’s always a good idea to get permission and if the photos are to be used for commercial purposes, a model release is in order.
If the photographer is harassing the child or family, that’s a different story. Remember, the general rule is that there is no special requirement to get a parent’s permission prior to capturing images of their children in a public place because there is no expectation of privacy for anyone, including a minor.
There are some states that have been exploring new laws or statutes that may make it illegal to take a minor’s photo without parental consent, even in a public place so it would be a good idea to check your local laws. Additionally, some places like schools have also implemented “no photography” rules so it’s important to follow those rules as well.
What if you are using pictures on your website – so the photo itself is not commercial in the fact that you are selling it, but you are receiving revenue from your website? For example, off of ads? How does that hash itself out?
Thanks for your question.
As stated in original post, if you are using a photo of a person to generate income at your site, even if you’re not selling the actual image of the person, you should get permission of the person prior to using their image.
“Commercial activity can include using the photo on your blog or Instagram account if you are using those social media accounts to generate revenue.”
i like your article. but i have a question or two. i recently took photos (trying to practice a lesson from the online iPhone photography course i’m taking) i was in a public place — an ice cream store with an outside eating area. i was outside. this store is in an Amish community. i took photos of the Amish, unobtrusively, using the shutter release on my ear buds. i posted them on both my FB page and on the classes website and it unleashed a firestorm of criticism. many felt i invaded the privacy of the Amish who don’t like their photos taken, especial of their faces and family. others felt i should have asked permission, which i know would have been denied. amid the firestorm of criticism (some of which bordered on vitriol) i deleted the photos from both places. what is your opinion of taking such photos — the legality and the propriety? thank you so much.
Thanks for reading the article and thanks for your questions.
As you noted, there are really two aspects to taking photos of people, legal and custom or appropriateness.
First, the legal answer. In the United States of America, you generally don’t need permission to take photographs of people who are in the public arena. While there are sensitivities to be considered, you do not need to ask permission at the ice cream store, even if you know people wouldn’t approve of you doing so. If you’re going to commercialize the photos, you need permission unless the people in the photo aren’t really recognizable.
Second, is it appropriate to take photos that may be culturally, historically, or religiously sensitive? I think the answer to this question will vary from person to person. I encourage people to be considerate of others while pursuing opportunities for photos. In many cases, you may not even realize that you may be crossing some line, imaginary or otherwise, so you’ll never get it right all of the time, anyway. Additionally, you can certainly be respectful and discreet while taking photos of people.
Many native Americans believed that taking photographs would steal their soul. For the Amish, from my research, they personally have a religious belief that photographs are a form of “graven image” and taking photographs would be akin to self worship. They are also a very humble people and don’t keep photos of themselves in their homes. So, I can understand why some people might find capturing images of people without their permission to be disrespectful.
Unfortunately, in our society today, many people get offended for any reason and for no reason at all and you should probably keep that in mind. I think you’ve just received a bit of a reminder about that. However, if you were to try and live your life so as to not offend anyone, at any time, for any reason, I suspect you would live a very bleak and depressing life.
So, from my perspective, be reasonable, be polite, remember the rules, and snap away!
It was really a wonderful information. Thank you very much for sharing it.
Thank you.