Here’s the basic setup: when you take a photo, you generally own the copyright to that image. That means it’s your creative work. But owning the copyright doesn’t give you unlimited power over what you do with it — especially when there’s a real person in the frame.
There’s something called the ‘right of publicity.’ This is a person’s right to control how their name, face, or image gets used — especially for commercial purposes. So even if you legally own the photo, using someone’s likeness to sell a product, advertise a service, or profit off their image without their consent can still violate their right of publicity. According to the Digital Media Law Project, getting permission from the person in the photo only covers the publicity/misappropriation side of things. You still separately need the copyright side handled too — and vice versa. They’re two different protections that both matter.
Important: right of publicity laws vary by state. Some states have strong written laws protecting people’s likenesses; others rely on older court decisions or have limited protections. What counts as a violation in California might be treated differently in another state. If you’re unsure, talk to a lawyer.
What counts as ‘commercial use’? Think ads, selling prints of someone’s face, using their photo to promote your photography business, or any situation where their likeness is helping you make money. Using someone’s likeness to sell photographs of them without their consent, or to advertise photography services, would generally be considered a violation of their right of publicity.
Not all uses trigger these concerns. Posting street photography online for artistic or editorial purposes — not to sell a product or make money — is generally treated differently under the law. The right of publicity is mainly about commercial use, not every photo you post.
If you want to protect your own photos from being stolen, the U.S. Copyright Office notes that for U.S. works, you do need to register your work before you can bring an infringement lawsuit in federal court. And the timing of that registration matters if you want things like attorney’s fees covered or certain types of compensation. So registration isn’t just a formality — it’s what gives your copyright teeth in court.
One more thing for younger readers: if you’re under 18, you still own the copyright to photos you take — but enforcing your legal rights in court typically requires a parent or guardian to act on your behalf.
Bottom line: two separate rules apply here. You own the photo (copyright), but the person in it has rights over how their face is used commercially (right of publicity). These rules vary by state. If you’re shooting portraits, street photography, or anything you might want to sell — know both rules before you post, print, or profit.