Legal Question

[MarkBarbieri]

Based on my understanding of US law, if you are in a public place, I can take your picture without your permission. I can display that picture in my home and in art shows. I can't use it for commercial purposes without your permission.

What about animals? If you have a pet, can I use photos of it commercially without permission from the pet owner? Would it matter if the pet was under the control of the owner rather than roaming freely? Would it matter if the pet was wearing something (color, pet cloths, etc) or au naturel?

[bob100]

Based on my understanding of US law, if you are in a public place, I can take your picture without your permission. I can display that picture in my home and in art shows. I can't use it for commercial purposes without your permission.

What about animals? If you have a pet, can I use photos of it commercially without permission from the pet owner? Would it matter if the pet was under the control of the owner rather than roaming freely? Would it matter if the pet was wearing something (color, pet cloths, etc) or au naturel?

well, somebody is making money from pet photos and not asking permission
http://awkwardfamilypetphotos.com

maybe they have a good canine lawyer!

[jcb]

The answer could vary state by state depending on how the state's laws regard pets. Most say pets are the property of the owner and the publicity rights of "property" are non-existent short of trademarks or service marks. It would be an unusual pet that warranted a trademark (along the lines of the Taco Bell chihuahua).

Still, the best advice is that it won't hurt to have the owner's permission. Even a non-meritorious lawsuit costs money to defend.