Legalities of pictures online

well this is slightly a rant but more of a question.. i didn't know where else to post this.. anyway

my friend was online looking at sites ,she came across a skateboarding site and to her dismay found a pretty provacative picture of her and our other girlfriend on the site. she was aware of the picture being taken . she was chillin at a so called friends house and drank and yes got a little out of hand. they took pictures nothing too x rated but nothing you would want to be on a website..

she was not aware however that the picture would be going on a website at all and shes quite upset about it for being put on blast like that. she wrote to the guy asking to take it off but no reply as of yet. anyway are there any legalities to this? if he refuses to take it off can she do something about it legally?

he never asked their permission to post it or anything.

i know it was kind of dumb to let the pics be taken but he could have told her oh this is going on a site. you live you learn but still what a jerk for not letting her know or asking.

anyway if there IS anything she can do if he refuses to take it off it would be much appreciated. thank you!
xo

Hey TheBadge,

If this was a public place, and there were no defamatory comments regarding the photo. There isn't much she can do. Other than ask that it be removed.

Also, as long as the photo is not used for commercial purposes. I think it can legally stay.

But you say that this was inside someones house. It's possible there might be a privacy issue there. I've been googling right and left trying to find a little more info on this gray area..Because if it were a nightclub, it would be fine.

but in someones house you might expect some sort of privacy.
I'll see what else I can find..

okay, I found this..She may have a case.

(1) Invasion of privacy by intrusion into private affairs

This right is violated when someone discloses private or sensitive matters about a private person. It covers matters that occur in private places, and also in semi-private settings where the individual had a reasonable expectation that she was seen only by a limited group of people. For example, this right is violated when a news reporter secretly videotapes a conversation with an employee at her place of work, even though her fellow employees witnessed the conversation.

In your example, the gallery might be considered such a semi-private setting. However, your husband's mere physical appearance at the opening would not qualify as a “private” or “sensitive” matter. So the act of taking his photograph, and/or disclosing what he looks like in the subsequent painting, would not violate the intrusion right of privacy. If he had been documented doing something of a sensitive nature, such as embracing another woman, that would be a different story.

Source:OWE.COM



[edit on 6-6-2007 by spacedoubt]

hey thanks for looking up stuff!! well he wrote that they are lesbians for the comments of the picture which is not true.. but yeah thank you!!!! we have yet to see if hes going to take it down or what.

I know it's immature and everything but i had this done to me when i was fueding with an ex girlfriend anyway if the person is being an ass you could do this



she posted a picture of me and dissed it to the ground and messed about with it on photoshop etc. i asked her to take it down and she would be like ' i would of if you asked me nicely but you've been a jerk about so no' etc. even though i wasn't.

But anyway i was still annoyed about it a few days after so i tweaked with loads of photos of her and uploaded them and played her at her own game and basically i took them down after she took mine down.

Isn't really a desirable or mature approach i know and only works if you have photos of the offender in question but sometimes you just have to sink to there level.

If not try contacting the moderator or admin of the site via email and see if they can take it down.

Anyway good luck and hope it gets sorted.

well the guy took it down! but hes all saying he feels "disrespected" for saying that she would take it to legal matters.. what a freakin douchebag.

.not to mention it was taken in a private residence which you entered at your own will,

is something he also said. damn i want to repsond for her .. he came across as a jerk but at least he took it down. i just dont like some of the things he wrote to her right now.. i know its not fully my business but i dont like people saying crap to my friends anyway he took it down it's all good

Originally posted by TheBadge
hey thanks for looking up stuff!! well he wrote that they are lesbians for the comments of the picture which is not true.. but yeah thank you!!!! we have yet to see if hes going to take it down or what.

Thats great!
The commentary he added made it illegal! So it wasn't even a gray area anymore.
He feels disrespected? poor guy...

she posted a picture of me and dissed it to the ground and messed about with it on photoshop etc. i asked her to take it down and she would be like ' i would of if you asked me nicely but you've been a jerk about so no' etc. even though i wasn't.

damn that sucks! i guess it worked thought it got you mad but damn..
thanks it got taken down so yay!

He feels disrespected? poor guy...

hahaha i know right! just cuz she threatend to make it a legal issue boo hoo all i have to say is YOU SHOULD HAVE ASKED PERMISSION plain and simple.