Yes and no.
Just posting the picture? Probably not.
But if you make an inappropriate comment about it, then quite possibly.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
Is it illegal, in the sense that it is a crime, no. However, if you are using the photo in some sort of harassment scheme or in furtherance of some illegal plan, such as identity theft, then probably yes. It is probably a violation of Facebook's terms of service and it may be a copyright infringement. The precise details matter to give you a reliable answer.
It probably depends on what your using it for. It may be best to get permission first.
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Unless you have permission from the owner of the copyright of the photo, you can not post it without some concern. Possibly it might be fair use, but generally that would require an IP attorney to determine that. Fair use is a very fact based analysis that requires consultation. You can post link to it without violating copyright law.
This is not a simple answer. As one of the attorney stated, it depends on what you are using it for. Although a copyright is created when the picture is taken giving the holder exclusive rights, under section 107, there is the fair use exception. This means that the copyright is used for informational purposes only. If you are shown to use the picture for the benefit of gaining profit, then it is illegal use. To avoid any litigation or fines, it would be safer to just ask for permission because even citing the source of the copyright does not make it fair game to use. Good luck!!!
This response is being given by Juneitha Shambee of Shambee Law Office, Ltd., licensed to practice in Illinois and Florida. The response to this question does not in any way create an attorney-client relationship and the response should not be used as legal advice. Shambee Law Office, Ltd. advises that you seek attorney legal advice, as this is not such advice.
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