tag:blogger.com,1999:blog-2941976044448685733.post6773052177791165685..comments2023-06-20T13:09:56.441+01:00Comments on Art and Artifice: Don't be a mug: Yet another reason to avoid arrestMollyhttp://www.blogger.com/profile/13355163599192206484noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2941976044448685733.post-18899587289430722192011-11-06T15:39:38.622+00:002011-11-06T15:39:38.622+00:00There may not be a copyright in the photographs be...There may not be a copyright in the photographs because a mug shot does not have the requisite originality and creativity to qualify for copyright protection. If there is a copyright, then it would belong to the Alameda County government.<br /><br />More relevant than privacy might be California's <a href="http://www.musicblob.it/archivio-documenti/california-civil-code-section-3344-33441-astaire-celebrity-image-protection-act" rel="nofollow">right of publicity law</a>. In general, you can't make money from someone's image without seeking their permission. <br /><br />I wonder if these records were part of the Alamdeda County government's record schedule and/or were offered to the county archives? If not, they might be recovered under the doctrine of replevin.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2941976044448685733.post-1235429092658638652011-11-06T14:43:51.214+00:002011-11-06T14:43:51.214+00:00The U.S. law differs than other countries. The U....The U.S. law differs than other countries. The U.S. Government usually doesn't get copyright protection for its works. http://www.photoattorney.com/?p=63. The U.S. doesn't give moral rights to printed photos unless the exist in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author. 17 USC 106A, 101.Photo Attorneyhttps://www.blogger.com/profile/02172156746950748429noreply@blogger.comtag:blogger.com,1999:blog-2941976044448685733.post-40619421831896303162011-11-06T14:17:38.045+00:002011-11-06T14:17:38.045+00:00The U.S. government wouldn't own the copyright...The U.S. government wouldn't own the copyright in photos taken by California state agency, the Sheriff's department. The State would own them instead.<br /><br />And, if these were photos taken by a federal government employee in the scope of his employment, there would be no copyright in the images. 17 U.S.C. s. 105 says "Copyright protection under this title is not available for any work of the United Sates government ...." Whether states can hold copyright depends on the state - perhaps the sheriff's statement is acknowledgment that California also does not own copyright.Anonymousnoreply@blogger.com