a) As the federal court recognizes, and as we all know, the reality is that if your picture in a mugshot is out there, regardless of whether you were convicted, it can have an unfortunate impact on your life. ... In most cases, the picture is just public data to which there is no right of privacy under the law.
Are mugshots a matter of public record?
Mug shots are public records and thus presumed open for inspection and copying.
Are mugshots public domain?
In general, mugshots taken by federal law enforcement agencies (such as federal prisons and the FBI) are in the public domain and are not protected by copyright law, because it is a photo taken by a federal employee as part of their work for the federal government.