Is this legal? A friend took a photo, this guy was in the background?

awphotog

There must be more to this story than you are saying as the police would not become involved in a case like this.

It is NOT illegal to take a picture of anyone anywhere basically.
If the person is in the background even less chance of there being a problem.
There is NO privacy law in the UK.

It does not matter in any case whatsoever who "owns" the camera as the photographer is the one who owns the copyright to the picture.
Also, it would not matter in the slightest if the picture was posted on the internet.

The only comeback anyone would have if the picture was published was if it was libelous or defamatory. This is civil not criminal and the person would have to bring a private lawsuit. They would have little or no chance of winning if they were just in the background of a picture.

Tell us the full story now.

Reagan

If the picture was posted somewhere, he does have the right to demand that you remove him from the picture.

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AL G

Google earth's street-view has gone through this lately, they had to blur out every face on every photo they had.
If you, or anyone else, puts the photo in the public domain then his permission is needed to show his face.
If he happens to be in the background when a photo is taken then tough

"If the police ask it's yours"? where's his proof?

He sounds like an @rse, I'll be surprised if the Police will give him the time of day. If he's got something to hide then I doubt if he even involves them

The Wanderer

If it's in a public place you don't need his permission. you must have from time to time seen pictures of city street scene's with people in them do you think for one moment the photographer went around asking all the people if it was ok to take such a picture no because if your in public you can take as many pictures as you like. so don't worry he's an idiot

Barrack Urkel

If you don't own the camera there's nothing the guy can do to you.

dancing_smurf

Depends on where you live. In a country that subscribes to the European Convention on human rights Article 8 provides protection for privacy and protection from intrusion. Furthermore it could fall under the protection from Harassment Act 1997 if you live in the UK and violating the Act does carry a criminal sentence. This Act would only potentially come into play is if he asked you to not to photograph him while in England or Wales.

Now, what I am fuzzy about is if you took a photo and did not publish it for others too see then there should be no complaint. I suspect the complaint may involve him seeing the photo on the internet or in the media. If that is the case then regardless if he was in the background you needed to get permission first. Unless the photo was harassing or violated some type of law (e.g. broke in to his house and place the camera there to photograph him or violated Protection from Harassment Act) then most likely he would have a civil complaint against you. Meaning he could sue you for using his image without his consent and any damage it might have caused him. He can sue you if you remove the photo or not. However if you remove the photo the amount of damage caused would be less than if you leaved it.

Ceessie

If the foto was taken on public property that he has no rights.
You can take anyones picture on the street and post it anywhere?

tex k

If the picture was taken in a public place and not with him as the main subject you have done nothing wrong.He can take it as far as he likes but you did not invade his privacy by taking a photograph in a public place with him in the frame

mr dance moves

where was the picture taken. if its in public, then no, he has no rights, you can take a picture of any in public you want. if its a household or behind closed doors, he has a right. you must get his consent

Charvic C

it is ok

topmajorj

Depends where the photo was taken. If it was on private property, then you do need to ask for permission. But do you think news crews ask for permission of people walking by when reporting in public.

kerryham@yahoo.co.uk

yh its legal

boncylad

dont worry the blokes an idiot!

inkandflowers

It is a violation of his rights. His picture was taken without his permission and he wants it removed from wherever it was posted. You might be able to reach the compromise with him of censoring his face so you don't know it's him, or cropping (or other editing methods) the pic so he is not in it any longer.

But then again since it's not your pic, tell him to talk to the person who is really responsible for it, which is not you.

Hot Chocolate

I doubt that you're liable for anything unless he was deliberately made part of the background, but i'm pretty sure he can ask to have his cropped out or something, gosh that sounds like much ado about nothing, is it that serious?

Spanner

thats silly

crzecucmber

Yes, you do need to get permission to take a photo of anybody. It is a legal requirement. The boy should've just asked you to remove his image.

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