The Liability of Posting Photos on Facebook Without Permission

Since Facebook launched, users have uploaded more than 219 billion photos. Many of these were personal photos from a vacation, a family party or pictures of pets. But many people also uploaded photos from public events, pictures of their favorite celebrities and other miscellaneous photos they found on the Web. Though it's a common practice to share images, you could be civilly or criminally liable for posting certain kinds of photos.

Copyright Infringement

1. If you post a photo you didn't shoot, you could be violating someone's copyright. The Facebook Terms of Service state, "You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on Facebook if we believe that it violates this Statement or our policies. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate." Chances are, a copyright holder won't sue over one photo uploaded to your account but they have a right to defend their license, up to and including taking you to court and asking for monetary damages.

Photos of a Public Event

1. If you post pictures from a concert, fair, flash mob or any public gathering, you can post those photos without the specific permission of the people you captured on camera. There are some obvious exceptions. You can't post photos taken when there was an expectation of privacy such as a public restroom, courtroom or hospital.

Potentially Damaging Photos

1. Before you upload photos to Facebook, even those of family and friends, think about the consequences of your actions. For example, photos of your co-workers getting drunk at a company party could damage their reputation, even get them fired. A photo of your friend spray painting graffiti may look cool but it's actually evidence of a crime. In 2009, an emergency medical technician was fired for posting a photo of a murder victim on his Facebook. The family sued Facebook to get the photos removed from the site even after the offending profile was deleted. On the business side, the owner of the Humphrey Bogart license sued retailer Burberry for posting a photo of Bogart on their Facebook page. The license holder claims the photo violates trademark and publicity rights.

When Children are Involved

1. Think twice before uploading photos of children, even your own. Two states, Georgia and New Jersey, are working on laws that make it illegal for anyone other than a parent to photograph a minor. In addition, online sites must comply with the Children's Online Privacy Protection Act of 1998, which has rules regarding the posting of identifying information including a child's school, home town or full name. Though this law does not apply to individuals, Facebook could remove photos that violate the rule at the request of a parent.

Think Before Posting

1. Thanks to the smartphone and apps such as Instagram, thousands of photos are uploaded to Facebook every day. Some people upload dozens of photos a week, capturing even the most mundane events to share with family and friends. Even photos that are uploaded as private can be shared with others. You have a duty to respect those around you by not uploading photos that don't belong in a public forum.