Legal Question in Technology Law in California
Personal pictures from a website
What are the laws pertaining to images if someone posts pictures of themselves on an internet site like Myspace or Craigslist? Specifically, once those pictures are put on the site, does the user forfeit any copyright infringements or expectations of privacy? Also, what if those images are used to identify a person in a disparaging way by individuals in newsgroups or non profit/free websites?
2 Answers from Attorneys
Re: Personal pictures from a website
Copyright is *not* waived by posting an image on the Internet.
Privacy is a different issue, but certainly the rights of privacy and publicity are not waived by the unauthorized copying of a third party.
Generally, ISPs are immune from right of privacy actions under Section 230, but copyright issues are governed by the Digitial Millenium Copyright Act.
Your question is hard to answer because I do not know if you are wanting to post somebody else's picture or if someone has posted yours.
Re: Personal pictures from a website
If you have been placed in a FALSE LIGHT by context or implication, you may have an actionable cause. Call me directly at 16192223504.
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