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A comment on Portland adopts landmark facial recognition ordinances. Parent comment

Re:Portland adopts landmark facial recognition ordinances by Fezzik on Thursday September 10, 2020 @02:28AM (#24429485)
With all kindness, it is you who are mistaken. Right to Publicity laws vary state-to-state. For example, California has rather strict Right to Publicity Laws[0] while (oddly) Oregon has less strict rules[1]. There are various factors to consider in every jurisdiction, but the rule of thumb is definitely not ‘if you take a photo in a public space then you can use it for commercial purposes’.

[0] http://www.dmlp.org/legal-guide/california-right-publicity-l... [1] https://www.rightofpublicityroadmap.com/law/oregon

Edit: corrected intended phrasing of 1 sentence.

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Re:Portland adopts landmark facial recognition ordinances by jjcon on Thursday September 10, 2020 @10:08AM (#24432484)
> The mere fact that a person’s likeness is used in connection with a commercial product or service does not violate the statute

Nope even your own source confirms it. You can publish a photo taken in public for commercial purposes without permission - the only exception listed there is if your present it in such a way that it appears as an endorsement. Then you need permission (for the endorsement). In that case though it isn’t the photo that is the problem it is the false endorsement (which is illegal no matter what the medium, photo, words etc).

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