Do they have a right to post my picture on their Account

amother

Fri, Jul 30 2021, 11:42 am

Instagram account that posts mazel tovs posts pic of newly engaged couple. Someone among their circle of friends sent it in without asking. Couple is very anti social media and does not want their picture on Instagram. Family members contact that Instagram account to remove picture.
Does that Instagram account have the right to keep it on even if explicitly asked to remove it?
If they choose to ignore is there anything to be done?
What about legally?

LovesHashem ↓

Fri, Jul 30 2021, 11:44 am

Legally a picture taken in a public place that does not show one doing something embarrassing or indecent can be taken and published by anyone.

That's American law.

A website or social media platform like Instagram or YouTube may have their own rules. I know on YouTube I reported a video I was in once without my consent and it was removed that day.

Notsobusy

Fri, Jul 30 2021, 11:50 am

LovesHashem wrote:

If it's a picture taken at their lechaim or vort, in their house or a hall that they rented, is that considered public? It shouldn't be.

amother

Darkblue

Fri, Jul 30 2021, 11:55 am

LovesHashem wrote:

That's not American law at all.

There are 2 separate issues here. The first is copyright, and the second is rights of privacy and publicity.

The copyright owner is generally the person who took the photo, unless its a work for hire. With certain exceptions (largely based on fair use factors), no one can publish a photo without permission of the copyright holder.

The right of publicity generally refers to advertising use, not at issue here. As to privacy, you generally have the right to take and use photos taken in public places without obtaining a model release. So, for example, you take a photo of your kids at the beach, and it turns out that Mr. Schwartz is in the background making googly eyes with Mrs. Ramirez. That's their problem, not yours. And, of course, you can feel free to take a photo of a wedding that's in public. If you're doing something indecent in public, too bad for you.

So chances are whomever submitted the photo didn't have the copyright.

In any case, a reputable site should remove a photo posted without authorization.

amother

Lightcoral ↓

Fri, Jul 30 2021, 12:00 pm

LovesHashem wrote:

This happened to us as well asany friends I know. These simach accounts don't care about your feelings and they refuse to remove the pictures. I hate it.

My sisters engagement picture was posted on simcha spot & only simchas. We asked them to remove it and the picture was off within 2 minutes.

amother

↑ Lightcoral

Fri, Jul 30 2021, 12:02 pm

amother [ Hydrangea ] wrote:

I always wonder about this.

Like when YWN announce a tragedy and publish pics. And they share personal details about the people involved.

Who gave them permission?

Many people consider it private.

This is a different topic. I find the Jewish news accounts can be downright disgusting and so insensitive. The don't care about anyone's feelings and all they care about is being the first to post every piece of news.