Legal Question

[DeadEye]

A freind of mine has had her picture posted on the internet in a hate sight and along side the photo it says Sorry ##### the copyright belongs to the photographer .. So my question is if there is no release from her to post this clearly identifiable photo can she do anything about it?

 

[Alex_B]

if this image brings discredit to her, is in any way rude or offensive, attacks her personality, then there might be legal ways to get it removed. depends on the site owner/country the server is located.

as the photographer you may have the copyright, but that does not mean you are allowed to do with the image whatever you want.

 

[Big Mike]

The best place to get legal advice is from a lawyer...I suggest that she call a lawyer.

 

[RacePhoto]

A freind of mine has had her picture posted on the internet in a hate sight and along side the photo it says Sorry ##### the copyright belongs to the photographer .. So my question is if there is no release from her to post this clearly identifiable photo can she do anything about it?

If it's a news site, or editorial/educational they might have a defense. If it's a hate site, (and I'm not a lawyer, don't play one on TV...) then I'd guess that she can get it removed.

First step is ask the person to remove it. I suspect that has already happened. Let me guess, the hate site is directed at her?

Next step is contact the service that hosts the site. Even if it's his own site, the service can be asked to remove it. If it's one of those "free" sites, then they will pull it.

Get someone to do a screen shot and print the page. Right click and save the image. Click view/source/ and save the page source code for evidence. The last one is not very useful, but just in case. Problem is that it's not something that you couldn't have altered.

Many lawyers will do a consultation for free. Maybe you can find some ambulance chaser. But the truth is, lawsuits are messy, expensive and distasteful. (last one is opinion)

However many friendly lawyers will write a letter, on their letterhead, for about $50, maybe less if they are a friend. Sending a cease and desist request from an attorney, usually gets action.

Start with the hosting service, and file a polite complaint.

 

[DeadEye]

Thanks Everyone. Its gone. It was a myspace wehate######### . The picture was removed very soon after reporting it.

Thanks to all Dead Eye

 

[pandinus]

The best place to get legal advice is from a lawyer...I suggest that she call a lawyer.

This is great advice in all such cases. I know that here in Norway, a photo can not be printed with out the "model" giving written consent. (The only exeption would be press related.) But I know of some one who had a similar problem in some other country, and the photographer was within his/her right to keep the photo published on the net. So it seem to me that laws and rules about such things vary greatly from country to country... Even if it isn't a legal issue, I think that it is a moral issue at the very least.

It's good to know that the photo was removed once it had been reported, it prooves that moderators do their job.