Legal Question in Intellectual Property in California
My question entails the legality of using photos online.
My roommate was talking to a girl online using myspace and facebook. Everything about her was real except she was using a minor celebrity's photo as her own. They no longer talk but it did raise my curiosity regarding those laws. I guess an example would be Jane Doe using her real life details, but with a picture of Paris Hilton on her profile with the intent of tricking people into believing the photo is indeed of herself. What is the legality of that and is it punishable by a court of law and under which branch would it fall under?
Thank You
3 Answers from Attorneys
Most things like this have legal consequences when there is either (or both) (1) an intent to defraud, or (2) harm of some kind. Not always, mind you; sometimes a person can be sued or prosecuted just for doing the act itself (impersonation or whatever) without an intent to do harm or any actual harm resulting, but it is hard to get a D.A. or a jury too excited about some harmless foolery. I am using a photo of myself on my Web site.....it's really me, but the photo is more than ten years old, and doesn't accurately reflect the way I look today. Might someone be a bit misled? Perhaps. Is it illegal? No.
My advice is that people should not upload their photos to the internet, even once. I don't know whether Ms. Hilton or her lawyers would object, or would find it worthwhile to hassle Your Friend, but probably not.
I agree, it's pretty much a no-harm, no-foul situation. In the absence of some actual harm that can be quantified, pretty much forget about pursuing any legal theories. You can also consult with an intellectual property attorney in your area.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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