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xx Stalker or Shutterbug?
June 01, 2008, 08:21:50 am by Tspeed

" I sometimes snap pictures of strangers and post them on my blog and Flickr. Could I get into legal trouble for violating their privacy?"

Snap away, shutterbug. As long as your subjects don't have a "reasonable expectation of privacy" - meaning they're not somewhere they'd never expect a camera to be - you're on pretty solid ground. Even if you photograph them while they're on private property, you're in the clear - just make sure they're in plain view and you're not trespassing.

Privacy issues aside, your little habit could still land you in hot water, but the circumstances of your snapshot would have to be pretty weird. For example, if you happen to catch a couple of underage teens having sex in the park, don't shoot or you'll effectively be a child ****ographer. Taking a picture of public art can theoretically violate copyright law, though only the most dim-witted artist would object to the free publicity. And, of course, some parts of military installations and nuclear plants are off-limits, too, for national security reasons.

Also, rules vary from state to state, and some have "really goofy laws," notes Bert Krages, an Oregon lawyer who specializes in photography issues. In Texas, for example, it's illegal to take someone's picture if it's "for the purpose of another's sexual gratification" - which could include, say, a candid shot at a **** beach. Outside the US, it's best to ask permission. In Québec, a teenage girl successfully sued a photographer for $8,000 after he took her picture without her knowledge, even though she was sitting on the front steps of a public building.

If you post pictures of strangers on your blog, watch for other legal traps. Don't write a caption that misidentifies someone or is unduly mocking - your subject could sue you for placing him in a "false light." Or let's say you've started a blog, and you take a snapshot of someone at a bus stop, then Photoshop it into a banner ad promoting your site. This implies the subject endorses your work, and she could file suit for publicity rights - a cut of the enormous revenues from your vast blog empire. That's unlikely, though. In general, only big celebs with bankable images are rich and self-important enough to hire a lawyer to sue your ass. So don't worry about the man on the street. But think twice before using that shot of Madonna. She is the Material Girl.

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