Legal Question in Technology Law in California

Re: Is it illegal to post pics on a website without permission?

I have represented other people with this problem. The copyright is usually owned by the photographer (as Dr. Laura found out), but there may be other reasons why a person might be persuade to delete specific computer files.

Feel free to contact me to discuss this further.

Re: Is it illegal to post pics on a website without permission?

If it's just a personal website , maybe not, but if he's using the pictures for advertising/commercial purposes, you MAY have a claim against him for violating your right of publicity.

Much will depend on whether you've signed any releases, what was 'understood' at the time the photos were taken, etc.

Here's (part of) the statute that governs this kind of thing:

California Civil Code Section 3344:

Use of Another's Name, Voice, Signature, Photograph, or Likeness in Advertising or Soliciting Without Prior Consent.

(a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such profits, the injured party or parties are required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney's fees and costs.

Re: Is it illegal to post pics on a website without permission?

Yes you have a civil suit. You may request an order to stop the use of your image for the financial gain of the owner of the website. Contact me directly.