Legal Question in Technology Law in California

Re: Reusing pictures already posted

I agree with Mr. Firemark and Mr. Stewart, but Mr. Wagner is wrong. Posting material on the internet does not place it into the public domain anymore than does broadcasting it on TV, publishing it in a newspaper or displaying it in an art gallery.

Assuming that your friend owned the rights to the photos in the first place and that she did not agree to give her rights to the website where she posted them, she still owns those rights and can still enforce them.

Re: Reusing pictures already posted

Your friend can enforce her rights; I'm doing this same thing right now for several clients because I focus on Internet law. Have your friend contact me and we'll assist her. We have attorneys for CA and FL, but that isn't necessarily where we'll need to file. NanceGroup.com

Re: Reusing pictures already posted

She voluntarily put the materials into the public and she is probably out of luck.

Re: Reusing pictures already posted

She has copyright protection on the materials and posting them on the web did not relieve her of her rights. Get a lawyer to send a letter to the offending site. You might want to also consider suing for statutory damages for the use of the pictures.

Re: Reusing pictures already posted

Your friend has not only Copyright ownership (maybe) in the photos, she may also have a right of Publicity or certain privacy rights that govern this situation.

Many states have laws that give a person the right to control who uses his/her name, likeness, voice, etc.

Unless your friend signed a release, the other website operator can probably be held liable. It may be possible to contact the offending site's hosting provider with a written demand to take-down the images in question.

A simple cease-and-desist letter may also do the trick.

A lawyer familiar with these issues can certainly help.