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this post was submitted on 08 Oct 2024
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It sucks that this is the mechanism we have to use for this but a person's likeness is their own copyright and posting images of someone without permission could be seen as copyright infringement. Granted this also opens a lot of doors to just completely eliminating almost all images from the internet, like imagine going to a tourist destination and having to get permission from anyone who might be in your overdone posed tourist photo.
Edit: Since some of yall are dense motherfuckers and/or just arguing in bad faith, I'm pointing out how going using copyright as the enforcement mechanism opens the door for these already flawed copyright systems to be heavily abused even further. I'm specifically pointing to Right of Publicity, where your likeness is protected from commercial use unless you give permission to post. It's why any show or movie that's filmed in a public place blurs people out if they haven't gotten signed release forms from anyone who appears on camera.
There's no copyright involved in taking a picture of someone, or having a picture of someone... Your tourist pictures are fine. If you publicize then or try selling them, that might be an issue, but making it inconvenient for people to make money off of non-permission photos isn't really concerning to most people.
https://www.copyright.gov/what-is-copyright/
Read up on how exactly copyright works, as soon as you fix a work in a tangible and communicable form, you have a copyright to it. Taking a nude photo of yourself gives you the exclusove copyright of that photo. Taking a tourist photo does give you copyright to that specific photo, but also doesn't necessarily supercede another existing copyright if that photo is of something else that already had a copyright.
And depending on jurisdictions, your tourist photos might not be fine. For example, in France, they have very strict privacy laws and copyright enforcement, the Eiffel Tower might be public domain, but the light installation is still under copyright. And any modern buildings designed by an architect who died within the last 70 years is still protected by copyright. And on the privacy front, accidentally taking pictures of other people even in tourist areas could actually open you up to a lawsuit, but nobody's actually tried that yet so it's up in the air whether it would hold up.