I have wondered this for quite sometime.
If someone was to take my picture, from walking down the road, or being in the backdrop at some festival, and they use it (WHICH I DID NOT APPROVE) what could the person do?

Is there any legal stipulation for the person using the picture?

What about using it online?

Look at YOUTUBE videos, and someone capturing someone online through a video..  Is there nothing you could do for privacy?

I'm not sure about the legal standpoint, but that has happened to us quite a bit. We have two girls, and when we go out in town, even up in Tokyo, we always get the kawaii and pictures taken of our girls. We've gotten used to it over the last 2 years...but since I've heard (I'm not sure if it's true or not) that Japan is one of the largest child pornography producers in the world, I've been a bit uneasy about the whole thing.

My wife told me that the girls up in tokyo (its illegal to take their photos know without permission) and you can be sued if they want to push it against you. It probably would never make the light of day in court, because they would have to prove it.. That just takes a simple wipe of the delete key, and the pictures gone.. Huh, "what are you talking about" I never took your picture.. Thats what the person could say in their defense..

You may be right about the porn. Not sure. All I can say, is there is a big problem in this world about taking peoples pictures and using them.. Online print, magazines, television.. I just wonder if there are any laws regarding this subject..

Japan has similar laws regarding photography as the U.S., U.K., and most of Europe: If you are in public, it is legal for you to take pictures of some one and vice-versa, even without your/their consent. This doesn't mean you can't politely ask someone not to take your picture, just that if they do you can do nothing about it. The only time that you have a legal recourse is if they modify the picture to place you in a negative light. As for Privacy, there is no expectation of privacy in a public place, save for a few places such as a locker room or a bathroom. Also, is someone uses your photo for commercial uses and gains from it (this is to exclude news stories or documentaries), you can sue them if you have not signed a model release.

This is a VERY confusing subject, and I have heard of people getting into trouble on both sides for not understanding these laws. I think most people in Japan would stop taking your photo if you ask, but there is always an exception to the rule.

I have to agree with Fireballfish, however, let me add something....
In addition to there not being a breech of someone taking your photo in a public area, it's what that person DOES with the photo that can have an impact. If it is used for editorial purposes, this is perfectly legal. However, if that person uses your photo for MONETARY GAIN, that's where the model release must come in, otherwise you that person could be looking at a lawsuit.

if that person uses your photo for MONETARY GAIN, that's where the model release must come in, otherwise you that person could be looking at a lawsuit.

Q: I have an album on this website that provide ways that members can upload their event photos that they attend in Japan.

Japan
Event 2009 Albums

Now there is no MONETARY GAIN, but if someone didnt want their photo published on this website, I would definitely remove it immediately but what legal course could they have in regards to (who posted this picture), or would the owner of the website be at fault because its on their website?

I know none of official legalman with binding answers, I just want to get opinions. I am planning to ask attorney's soon back in the states about this question..

I think that the pictures you have posted fall under "editorial" in nature in that you're using them to depict events around Japan. I completely agree that if someone asks for their picture to be taken down, that you should, but that's just the moral "right" thing to do, they probably would have no legal recourse.

It is not illegal to circulate photos of any other person as long as you are not violating any previous or current copyright and/or you are not intentionally or any way otherwise slandering that person. : )

lets see when your in public people can publicly take your picture not like they need a contract to take photos of sight seeing and shit like that

Adam, you should learn/ask your lawyers about the Digital Millennium Copyright Law, a US law that protects webmasters and ISPs (internet service providers) from infringement by their users. Basically, if one of your users posts infringing content, you'll be protected as long as you have a policy for people to report infringing content and you respond to complaints in a timely manner. Complaints have specific information they must include in order to be considered a complaint under the DMCA. This law is why websites like Youtube have not been shut down. A lot of law is still in development regarding these issues though, especially internationally. (Like, WHO is allowed to regulate the internet to begin with?)

As far as privacy concerns, there are four basic protections of privacy under US law.
1. Intrusion on seclusion - someone uses a telephoto lens to take a picture of you through your window at home.
2. Public disclosure of private facts - your doctor gives the newspaper your medical records.
3. False light - someone uses your photo/name in a way that makes you look bad. (i.e. puts a photo of you up with an article about criminals, when you are not a criminal - also leads to defamation claims.)
4. misappropriation - someone takes your image and uses it for a commercial use (puts a photo of you on their advertisement).

There's no expectation of privacy in public places in the US and there isn't much you can do if someone takes your photo, although usually if you're captured on film and put on the internet, you can contact the ISP for the site where it's posted and request removal (a lot of people did this when they were captured on Google maps, "street view.")

(This is opinion based on legal knowledge, but not legal advice and shouldn't be relied on. Please consult your counsel for specifics that apply to your situation.)