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Posting pictures

Is it illegal for someone to post "personal" pictures of you on the internet without your permission?

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Attorney answers (3)

Avvo Pro

Reputation Level 19
In my state, Ca, it is not per se illegal, but it MAY be an invasion of privacy, if say there are nude pictures, etc or paint you in a false light. But generally, just posting pictures, is not illegal. At least here in ca.
2 people marked this answer as good
Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

Reputation Level 8
If the individual posting the pictures did not own the copyrights to those images, you could pursue a copyright infringement claim against that person. You would need to obtain a copyright registration certificate before actually filing a lawsuit, however. You could also serve a "DMCA Notice" on the host that the website is using for its online access, demanding that the site take down your pictures, or that access to that site be disabled until the pictures come down. That usually works pretty well, and you don't need a copyright certificate to serve the notice. Finally, you may be able to sue either the website or the person posting the pictures for publicity rights violations or invasion of privacy, depending on the laws in your particular state.
1 person marked this answer as good

Reputation Level 8
Copyright considerations depend upon who took the picture. Usually, the person taking the photograph owns the copyright unless it was subsequently assigned. I am guessing no copyright registration was made in this situation. That brings you to potential rights of publicity claims, however, damages are usually going to be light to non-existent unless the photograph is used for a commercial purpose. Finally, what do you mean by "personal" photograph? That could play an important role here.

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