If I take a recognizable photo of you without you signing a model release and then I use it in a commercial work you can sue. Which the cops did in this case.
There may be a 'newsworthy' or 'artistic' exception here. In some jurisdictions, a photograph (or video) used for editorial purposes or for artistic purposes does not require a model release. Afroman has valid claims on both here.
There are exceptions for recording events on your own property. Do you think every time security footage ends up on the news that the TV station is breaking the law?
This is incorrect. For example, this happens all the time to celebrities. Someone takes their photo in public and sells it to magazines who publish the photo on the cover. They receive no money and have signed no release.
Bad example for your argument, as these magazines constantly break the law by outright lying and publishing fabricated news stories.
It's pretty much their business model to publish fake news. While they'll have to redact the articles later, they've already made their money by that time.
While I can't speak for the legality of using photographs from people for profit without their consent, I'm sure that the magazines would still do it, even if it wasn't legal using the same tactics.
There's no law against fake news specifically, just damages to reputation as a result of false claims. The legality of individual photos varies greatly, but overall most of the photos are legal as evidenced by the lack of successful lawsuits on the topic. Lawsuits are easier when you're talking about millionaire/billionaire celebrities.
I wasn't disagreeing with the point, I just felt the urge to be nitpicky and point out that the given example doesn't prove anything.
The same excuse the magazines use for the articles would be just as applicable with these pictures, as we thought it was legit transfers directly over to we thought they'd given permission.
It's all fine legally as long as the articles are retracted for missinformation
What you're thinking of is getting damages/convictions because of the misinformation. That's indeed quiet hard and will require proving that you've actually been harmed, which is extremely challenging, generally speaking.
If you assault me first and then I take a photo of you and use it for commercial purposes it doesn't mean you can't sue. It just means I'd sue you back first for that other thing. But good luck suing cops in US...
The link means that laws may vary by jurisdiction, and so absolute or general statements may reflect your morality more than the facts of Afroman's case in Adams County.
Should I ask if you’re a lawyer now? Is that how this works? Maybe ask what law you're an expert in? It's sad to see the level of discourse on HN has dropped so low now.
As for the actual topic I don’t know what you think the link means. That’s too general a topic to just just know what you’re trying to say.
IANAL and that's my point, it's not an easy question with a clear cut answer;) if you say a legal issue is clear then you better know what you're talking about my friend, because they rarely are.
If you think the article is too general, I think you have not read it. There is very practical information as to how this law works in various jurisdictions. You can also see Wikipedia for "model release". You will see contradictory information of course, because it's not a clear cut issue. But the takeaway is, if I take a video of you at a mall being weird and use it to make a viral music video on which I capitalize and which makes you uncomfortable, guess what you can (and should) sue me. Will you win? Maybe not, maybe yes, depends on how prominent your role is in the video I guess.