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Is myspace consider public domain like facebook?

Garden Grove, CA |

did myspace consider public like facebook? cause i reupload someone picture that i got from myspace but i didnt took that picture and the pics also been taken by them in their house not me, is that invasion of privacy

i reupload it and i believe i did set to private and i didnt use to pretend to be anyone or make money or promote anything

Attorney Answers 3

Posted

Social media sites may or may not be public. If the user has privacy settings that do not open the page to the public, there are some privacy protections that can still apply. Furthermore, public or private, there are laws that can result in liability for posting certain content on your page.

The first rule to remember is that if the picture was taken of someone who had an expectation of privacy because of the place where the picture was taken, or the nature of the photo, then it may be an invasion of privacy for you to publish or republish the photo.

The second basic rule is that it is never okay to use someone's name or likeness in a commercial manner without a release from the subject. Commercial use would be either selling the image, or using the image to promote or sell something. If your social media site is being used by you in part to maintain a business related network, you could have a problem.

I hope this helps. Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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2 comments

Asker

Posted

but i didnt use anyone picture to make money ir promote something i post on my facebook and set it as private just to look at it, what could happen

Neil Pedersen

Neil Pedersen

Posted

Please see the first rule.

Posted

"Public domain" is a term of art in Copyright Law. Neither MySpace, nor Facebook are considered "public domain." Things that are considered public domain have no copyright protection. For example, the book "The Odyssey" by Homer is in the public domain. Please DO NOT assume that because something is made public, it is therefore "public domain." That would be wildly inaccurate.

The second part of your question involves the tort of invasion of privacy by way of posting a photo taken by somebody else, taken in their house. Without more facts, it is not possible to adequately answer this question. However, it is probably best to remove photos that you feel could offend another person, or, as you put it, invade their privacy.

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3 comments

Asker

Posted

But what if they are the one that post i facebook or myspace and some of the picture they did put it public so how can that be invasion of privacy

Asker

Posted

So is it a public forun instead

Tomas Michael Flores

Tomas Michael Flores

Posted

If you would like to discuss this issue further, please call my office after Thursday and we can schedule an appointment. Thanks.

Posted

See my answer to your other duplicate question.

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