Editing Encyclopedia:Image use policy (section)

===Privacy rights===
{{main|Commons:Commons:Photographs of identifiable people|Foundation:Resolution:Images of identifiable people}}

When taking pictures of identifiable people, the subject's consent is not usually needed for straightforward photographs taken in a public place, but is often needed for photographs taken in a private place. This type of consent is sometimes called a [[model release]], and it is unrelated to the photographer's copyright.

Because of the [[expectation of privacy]], the consent of the subject should normally be sought before uploading any photograph featuring an identifiable individual that has been taken in a private place, whether or not the subject is named. Even in countries that have no [[Privacy laws|law on privacy]], there is a moral obligation on us not to upload photographs which infringe the subject's reasonable expectation of privacy. If you upload a self-portrait, your consent is presumed.

Bear in mind that [[EXIF]] metadata in uploaded images{{snd}}such as time data and the make, model, and location of the device capturing the image{{snd}}is publicly visible.

Be aware that just because a freely licensed image may be available at Commons, it may still be inappropriate to use on the English Wikipedia due to our [[Wikipedia:Biography of living persons|policy on living persons]]. Commons is a shared media repository for [[Wikimedia Foundation]] projects, each of which may have its own content policies, and many of which differ significantly from those of the English Wikipedia.

====What are ''public'' and ''private'' places?====
For the purposes of this policy, a ''private place'' is a place where people have a reasonable expectation of privacy, while a ''public place'' is a place where people have no such expectation.

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;Examples of private places
* Inside any private residence
* Inside any restroom, dressing room, locker room
* Any medical facility
* A private area (hotel room, tent) within an otherwise public place (hotel, campground)
* In the parts of a building not freely accessible to the general public (e.g. a private office)
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;Examples of public places
* On a street or sidewalk
* Outdoors in an easily visible part of private property
* In parks and recreation areas open to the public
* At an event where people are openly taking pictures
* Inside buildings in areas freely accessible to the public (e.g. a foyer or lobby)
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====Legal issues====
There are a variety of non-copyright laws which may affect the photographer, the uploader and/or the [[:Wikimedia:Home|Wikimedia Foundation]], including [[defamation]], [[personality rights]], [[trademark]] and [[privacy]] rights. Because of this, certain uses of such images may still be prohibited without the agreement of the depicted person, or the holder of other non-copyright related rights.

Defamation may arise not only from the content of the image itself but also from its description and title when uploaded. An image of an identified unknown individual may be unexceptional on its own, but with the title "''A drug-dealer''" there may be potential defamation issues in at least some countries.

Another factor to consider is the established reliability and past respect for copyright of the source of publication of a photo. Some tabloid newspapers and magazines have had legal issues with respect of original copyright for sake of getting their stories out, and images from such sources may be problematic to use on Wikipedia for both legal and moral reasons.

There are a limited number of types of images that are illegal as they are not considered protected speech within the United States' First Amendment, such as child pornography. These images are unacceptable under [[wmf:Terms of Use/en|the Wikimedia Foundation's terms of use]], and may never be uploaded to any Wikimedia server. Users who attempt to upload such images will likely be [[metawiki:WMF Global Ban Policy|banned from use of any Wikimedia Foundation server.]]

====Moral issues====
Not all legally obtained photographs of individuals are acceptable. The following types of image are normally considered unacceptable:
* Those that unfairly demean or ridicule the subject
* Those that are unfairly obtained
* Those that unreasonably intrude into the subject's private or family life

These are categories which are matters of common decency rather than law. They find a reflection in the wording of the [http://www.un.org/en/documents/udhr/index.shtml#a12 Universal Declaration of Human Rights, Article 12]: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation".

The extent to which a particular photograph is "unfair" or "intrusive" will depend on the nature of the shot, whether it was taken in a public or private place, the title/description, and on the type of subject (e.g. a celebrity, a non-famous person, etc.). This is all a matter of degree. A secretly taken shot of a celebrity caught in an embarrassing position in a public place may well be acceptable to the community; a similar shot of an anonymous member of the public may or may not be acceptable, depending on what is shown and how it is presented.

====Examples====
;Normally do not require consent of the subject
* A street performer during a performance
* An anonymous person in a public place, especially as part of a larger crowd
* Partygoers at a large private party where photography is expected
* A basketball player competing in a match open to the public
;Normally do require consent
* An identifiable child, titled "An obese girl" ''(potentially derogatory or demeaning)''
* Partygoers at a private party where photography is not permitted or is not expected ''(unreasonable intrusion without consent)''
* Nudes, underwear or swimsuit shots, unless obviously taken in a public place ''(unreasonable intrusion without consent)''
* Long-lens images, taken from afar, of an individual in a private place ''(unreasonable intrusion)''

====Alternatives====
If an image requires consent, but consent cannot be obtained, there are several options. For example, identifying features can be blurred, pixelated, or obscured so that the person is no longer identifiable. Also, the picture may be re-taken at a different angle, perhaps so that the subject's face is not visible.