‘Hot mugshot’ woman sues website for using her DUI booking pic in ads

What the hell is a mugshot doing in the public domain in the first place? Something tells me that the place where it was captured should be her attorney's first port of call.
 
I'd think some ads, if providing a benefit to the public as with an anti-drunk driving campaign would be legal. But a more frivilous one for say make-up with a tagline of like, "Look your best, even at your worst." :) wouldn't.
 
Funny things those PUBLIC records.

Showing the picture online or using it in a meme is protected use. However this company used her image as part as an advertisement, which is not protected. Once you make money of something, you have to have the permission of the person to use it, as well as compensate them if they desire compensation.
 
What the hell is a mugshot doing in the public domain in the first place? Something tells me that the place where it was captured should be her attorney's first port of call.

Her picture was plastered all over online. I would go to the news online and see her mug.
 
She has a case. Her mugshot being public has nothing to do with a company using her image in an advertisement. It doesn't matter how the photo was obtained. If she loses the case then it means I can take a photo in public of any celebrity, including the President, and use it to sell my product.
 

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