Sharing photos has never been easier. From checking out Ellen Degeneres’ selfies at the Oscars to uploading family vacation pictures, even lawyers don’t always think through how third parties might use their likenesses. But two pending court cases might change that.
Imagine that a photographer allows an engaged couple to post engagement photos online. Then, a political mailer features—without the couple’s permission—a photo of them kissing, superimposed on a new background with the prominent text “State Sen. [XYZ]‘s idea of ‘family values’?” It happens during a heated primary race where gay marriage is a hot button topic, the mailers oppose same-sex marriage, and the newly engaged people are two gay men.
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