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Comment by sebmellen | Hacker News Reader

Is it really true that commercial use of film taken from public places is not allowed without consent? Is there a case law or a specific statute on this? Would love to read more.

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True, in California, for advertising or sales purposes. Probably other states too. https://leginfo.legislature.ca.gov/faces/codes_displaySectio....

What if people are recognizable but more in the background? Isn't that fair use?

Are far as I can tell: people in the footage can collect damages as long as they're identifiable. Meaning that you could easily tell afterwards that the complainant is the one in the footage used. So a shot of a sports crowd is probably okay, though I imagine they have people sign off on some kind of T&C that covers that anyway. On the other hand walking-down-the-street footage you would need releases from those people.

Assuming you mean in the United Stares, can you cite a specific law or court case to support your position?

It occurs to me that the existence of paparazzi seems to be evidence against your position.

Paparazzi get sued for crossing lines all the time. Good ones know exactly how far they can push the boundary and are careful to stay close to it

Not federal, but this: https://codes.findlaw.com/ca/civil-code/civ-sect-3344/ To be clear by 'commercial purposes', it's advertising/promotion/marketing. Paparazzi photos would be alright by that bar. I presume the idea is to avoid any implied endorsement by those photographed.

It's called the right of publicity. Basically the idea that you're entitled to compensation to for commercial use of your likeness. AFAIK, you always have to be recognizable to sue over it as you have to see your likeness, and damages would be pretty minor if you're not famous or an actor anyway. It depends on the state but generally it does have to be in advertising.

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