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this post was submitted on 06 Sep 2023
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I get that the copyright is traditionally held by the photographer and not the subject. I guess the issue I have with it is how Trump (or anyone charged with a crime) is legally compelled to allow it to be created.
Also, if we assume Fulton County Jail owns the copyright, could they sell mugshot merch? If yes, that's horrifically dystopian. If no, are they entitled to claw back any money made from the sale of mugshot merch?
Personally, I would like to live in the world where jails can't profit off the mugshots of their inmates.
They could sell mugshot merch from the copyright perspective, but there would be a load of other issues that would prevent them from doing so.
But technically, they could sue whoever is responsible for selling them and could claw back profits and damages, as this was undeniably copyright infringement for large-scale commercial gain. Look at this: Up to five years and up to 250k per offense. And that's only the punishment. The damages are between 750 and 30k, 150k if it was "willful". Plus all the usual stuff like paying lawyers and courts. The Sheriff's Office down there could buy their own donut factory from the proceedings...
It's public record anyone can use it so long as they don't do so for profit. Ie. He can use the mugshot all he wants he just can't make an profit from it.