Can someone post or share compromising photos that I took with others?

Asked about 1 year ago - Austin, TX

I sent compromising photos that I took myself to a long distance boyfriend and now he's threatening to post/share them. I took the photos myself and sent them through text with agreement from him (written in text as well, not just verbal) not to show anyone or let them get out in anyway. Is there anything at all I can do to prevent this? If I can't prevent it, is there anything that I can do if he does do this?

Attorney answers (4)

  1. Marc John Randazza

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . If you took the photos, then you own the copyright in them. If he posts them, you can file a DMCA notice with the online service provider and get them down.

    You should register the copyrights to the photos, thus giving you the ability to bring a claim against him if he does publish them.

  2. Robert John Murillo

    Contributor Level 20

    4

    Lawyers agree

    Answered . This is a question that comes up with sad regularity. Yes, of course they can post these compromising pictures. All they have to do is press a button or two. You can try to prevent this by hiring an attorney to file an injunction, get that injunction, and hope they don't violate the terms. The second they are out in the internet, trying to stop those pictures from being permanently on the web will be difficult and costly. Good luck and, of course, you know what not to do next time, regardless of any claimed written or oral agreement with your then partner about such photos.

    This answer is for informational purposes only and is not legal advice regarding your question and does not... more
  3. Andrew Mark Jaffe

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Since your facts say you have a written agreement, I think there is lots you can do.

    You can hire a lawyer to not only write a Cease and Desist letter, but based on the written contract, it will be much easier for your lawyer to get a restraining order from the court to keep the photos from being published on the web.

    Finally, discuss this with you lawyer, but I think you should go to the police and report a case of blackmail. Sometimes the police will help, and sometimes they won't. If the boyfriend has put his demands in writing you stand a good chance that the police will help.

    You may want to discuss your situation with a lawyer in more detail. Most lawyers on Avvo offer a free phone consultation.

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more
  4. Daniel Gary Rosenthal

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . You're in a slightly better position than others that post similar questions, because as Attorney Randazza points out, you took the photos and therefore in almost all likelihood you hold the copyright in them. You can send a DMCA takedown request as he notes, but keep in mind that a) it's not instant, though MUCH faster than a lawsuit, and b) some foreign webhosts will ignore them. Additionally, you may have contractual rights depending on your text agreement -- I'd highly advise speaking with an attorney with a modicum of technical knowledge so that they can preserve the texts from your phone. Finally, you ask what can you do to prevent this (as opposed to what can you do after the fact) -- the best solution will be to get an attorney to contact your ex-boyfriend on your behalf with a cease-and-desist demand. Often that does the trick even in worse legal positions than you're at; not to mention if he lawyers up himself, and your lawyer explained the grounds for the demand in the letter, his lawyer may well advise him not to share the photos either. In any event, it's more likely you'll get a favorable outcome with a lawyer's assistance than by simply asking nicely with nothing to back it up. Best of luck.

    I focus my practice on (video) gaming industry, casino gambling, and complex internet law issues, electronic free... more

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