Rights of publicity and privacy

(English) This is an essay. It expresses the opinions and ideas of some Wikimedians but may not have wide support. This is not policy on Meta, but it may be a policy or guideline on other Wikimedia projects. Feel free to update this page as needed, or use the discussion page to propose major changes.

Both a right of publicity and a right of privacy for any person can be adversely affected by content in a Wikimedia project. Violation of either right can expose a party to legal liability for damages. We editors therefore must be careful not to overstep the bounds of what is allowed by law.

General

Both a right of publicity and a right of privacy for any person can be adversely affected by content in a Wikimedia project. Violation of either right can expose a party to legal liability for damages. We editors therefore must be careful not to overstep the bounds of what is allowed by law, especially law in the United States and Europe, where Wikimedia Foundation servers, offices, or other facilities may be located.

Photographs are discussed in the Wikimedia Commons guideline on photographs of identifiable people. The same principles generally apply across all Wikimedia projects.

Images other than photographs should be treated like photographs for these purposes.

Moving images, including slide shows, videos, and animations, also should be treated like photographs for these purposes.

Other likenesses of a person, such as a voice recording, an autograph, or a physical object recognizable as closely associated with a certain person, such as a book authored by that person or a distinct house or pet, may come under the protection of these rights.

Content that is inaccurate or of doubtful accuracy that nonetheless appears accurate may also violate either of these rights, even if the inaccuracy is apparently favorable to the person.

See also

• Commons:Personality rights: essay (not policy) on publicity law
• Privacy policy: Wikimedia Foundation's privacy policy