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To: publius911
“The only possible gray area is crowd shots on a public street or area, where individuals are clearly identifiable, and the photo is used for commercial purposes.”

It would boil down to if the person, in Public, in a crowd of other people had a reasonable expectation of privacy.

52 posted on 10/08/2012 10:33:02 AM PDT by BigCinBigD (...Was that okay?)
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To: BigCinBigD

“It would boil down to if the person, in Public, in a crowd of other people had a reasonable expectation of privacy.”

*chuckle* We had a young lady show up at the helpdesk who wanted to see if we could get an off-campus, private website to take her picture down. Seems a few nights before, their hockey/baseball/whatever team had won/lost (I can’t be bothered to remember) and the students drank, rioted, burned dorm furniture, drank, broke windows, started bonfires, and drank. The young lady in question had, while sitting on her boyfriend’s (?) shoulders, removed her shirt — this while camera flashes had ALREADY been going off for a while. (There was video of the riot.)

The www.school-name-drunk.com site graciously took her photo down. Sober, she understood that we couldn’t force them to and that she had little expectation of (shirtless) privacy in a riot. Still, she worried “What if my parents see it?”

Other states’ laws may vary...


69 posted on 10/09/2012 3:11:47 PM PDT by Peet (Everything has an end -- only the sausage has two.)
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