By: Elizabeth Galewski 

New legislation that would change which images can and cannot be legally disseminated and sold in the U.S., called the Take It Down Act, is rapidly making its way to the President’s desk. This means it’s time for a refresher on the legal usage of photography in general.

According to Brian Stewart, partner of Utah-based personal injury law firm Parker & McConkie, both state and federal laws govern the appropriate use of photography. 

“Since state laws regulating photography differ, it’s necessary to understand the situation in whatever state you are working in,” he says. “The federal laws around photography usually fall under the umbrella of copyright law, establishing that the photographer owns the rights to their original images and can sell or otherwise distribute or display them. Of course, federal law bans child pornography, and the new law will expand this ban to other images as well.”

Following a few key guidelines can help photographers avoid running afoul of the law.

Where Photography is and isn’t Legal

The key difference between photographs that are eligible to be sold and those that are not is usually where they are taken.

“Generally speaking, it’s legal to take photos of people in public spaces,” Stewart says. “It’s also legal to take pictures of the exteriors of buildings or other private property — they can shoot any visible parts from where they are allowed to be, like anyone else. In such cases, the photographer doesn’t need the subjects’ or owners’ permission. They can even display or sell the photographs.”

There’s an important exception to this rule, however. “If the photographer is in a public space, but they take a picture of a private place, such as through the window into a private home, then that could be illegal,” Stewart says. “The reason is that the people in the residence have an expectation of privacy. You can’t stand on a street corner and take pictures that invade the privacy of someone’s bathroom or bedroom, for example. The same goes for hotel rooms.”

Locker rooms are another semi-private space where photographers should not operate. “It’s not just the gym’s policy that you can’t take selfies in the locker room — it’s against the law in many places,” Stewart warns. “Remember that you could inadvertently capture someone else in the frame. Even if you’re careful about what the camera records, the possibility of being photographed can still make the space feel unsafe to others, so just don’t do it.”

Getting Consent

Even though it’s legal to take pictures of people in public for professional purposes without their permission, Stewart encourages photographers to ask for consent anyway. “It’s always best to just get permission,” Stewart says. “Doing so helps you avoid misunderstandings and disputes.”

It’s also important to use release agreements if an organization or individual commissions a photographer to take photos. “This makes the buyers’ stake in the images clear from the outset, since generally, the photographer would own the copyright,” Stewart says. “The release agreement clarifies that the photographer creates the work specifically for the entity that commissioned it. Ownership of the rights transfers to the commissioning party.”

For instance, release agreements are essential when photographing photo shoots with models for publications. “The most important thing is that the terms are negotiated among all the parties before the photoshoot happens,” Stewart says. “That way, everyone knows their rights and has the correct expectations.”

Understanding the Limits of Nonconsensual Photography

According to Stewart, as long as photographers operate in public settings, they can take and sell pictures “even if it makes someone look bad or if they don’t like it.” 

For example, think of paparazzi photos showing A-List celebrities looking disheveled or annoyed. “While the star might not enjoy seeing themselves portrayed under less than ideal circumstances or worse, these photographs themselves do not constitute defamation,” Steward says.

Some images, even if they were initially taken in private by the subject themselves, will become illegal to circulate once the President signs the Take It Down Act.

The Take It Down Act

The Take It Down Act makes distributing sexually explicit images of people without their consent a criminal offense. So, for instance, “revenge porn” in which someone publicizes their ex’s nude selfie would be banned, and online platforms would be required to remove the offensive image within 48 hours.

The Take It Down Act also criminalizes the dissemination of deepfake pornography — AI-generated videos that imagine what people would look like without their clothes on. One high-profile example targeted pop icon Taylor Swift, whose outraged fans could only get X (formerly known as Twitter) to take the offensive video down after a concentrated campaign to report it en masse.

“Congress is finally catching up to contemporary technology,” Stewart says. “Distributing sexually explicit photos or videos of people without their permission, whether real or fake, is a clear-cut case of abuse.”

President Trump has said that he will sign the Take It Down Act into law.

While federal laws regulating the appropriate dissemination of images can be expected to change in 2025, responsible photographers can easily avoid trouble by sticking to public places, obtaining consent from subjects, and using release forms when necessary.

Disclaimer: This article provides general information and should not be construed as legal advice. Please consult a lawyer for specific legal guidance related to photography laws in your jurisdiction.

Published by Jeremy S.