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Why Trump could be making a big mistake by fundraising off his mug shot
(www.the-independent.com)
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That's not what's being argued. You don't own a picture just because you're in it and this has been proven legally on numerous cases, the story behind the LUL Twitch emote being a relatively recent example.
Trump can take a selfie and put it on a shirt. If I take a picture of him and upload it to my site, I can sue him if he uses that picture instead. The argument is that the jail can too.