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Can i seriously sue someone for using my pictures on facebook?

San Jose, CA |
Filed under: Internet law

she used not only mine pictures, but my girlfriends pictures and a couple of my family pictures.

Attorney Answers 4


Can you seriously sue? All lawsuits are serious.

It's also an excessive (and extraordinarily expensive) first step in most circumstances. You might first consider a takedown notice, drafted by a lawyer?

Answers to legal questions are usually fact-dependent; my answers are general and based on the facts as you describe them and necessarily includes assumptions. More specific answers can be provided only after researching the appropriate law and a comprehensive consultation in which all relevant facts are disclosed. Until both a retainer agreement is executed and we have a consultation, I am not your lawyer and you are not my client. Moreover, I cannot be your attorney unless you are located in Missouri, the only state in which I am licensed. If you are not in Missouri, please consult an attorney in your state for assistance, as my advice may be incorrect or incomplete. This uncompensated answer is provided for informational purposes only, as a free public service; any reliance thereupon is at your sole risk.

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I recommend that you speak with a local attorney about filing a DMCA Take Down with Facebook. It is inexpensive and very effective at getting the photos removed as soon as possible.

Why should you speak with a lawyer? You have to make sure that you comply with all of the requirements of the DMCA Take Down, so it is best to have someone with experience file it for you.

Use Avvo to find an experienced Intellectual Property attorney near you. Many offer free initial consultations.

Best of luck!

This answer is for general information purposes only. This communication does not constitute legal advice, nor does it form an attorney-client relationship.

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Spot something you don't want on Facebook? If you posted it, then click the pencil icon and select Delete. If the post belongs to someone else, select Report/Remove Tag.

In regards to suing, you can sue anyone at anytime. The first issue is proving damages and then collecting.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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If by serious you mean for serious money, not likely. And, you have to prove damages. And you cannot sue for your girlfriend or mother in law or father or brother or sister or anyone else but you. Do yourself a favor and see a lawyer about a DMCA takedown notice before pursuing an idiotic lawsuit that is virtually certain to cost you more than you will ever recover.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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