bobdole369
Diamond Member
Hmmm didn't think it was legal to show pictures of minors.
It is perfectly legal to show pictures of minors. Contrary to popular belief, minors share no extra expectation of privacy. Victims of crime often do (such as possibly the 9 month old here)- but those are special cases.
Essentially, if you are in public and are doing public things - you can photograph anybody at all. The controversy is always when it comes to using a "likeness" for commercial purposes. If you publish the photograph as part of something in which you benefit - than you have violated that persons right of publicity, and they can sue you for it. Just like a copyright holder has the right to control the way his/her brand is represented, the person being photographed has the right to control his/her likeness if used commercially. Most often a person is paid and a model release (liability release actually) is obtained.
Editorial use is far more protected and is considered "news". This teen's apparent mugshot is most definitely editorial use.
Paparazzi get away with the crap they pull because they only produce the image, which is perfectly legal. They are not the publisher, who is the entity liable for any damages to the photographee concerning their right of publicity. And the TMZ's of this world tread on a really thin line where their rags are considered "newspapers" thus enjoy the same editorial privilege.