Legal Question in Intellectual Property in California

My website is www.sluts-of-facebook.tumblr.com. This website is a place where people can submit photos of promiscuous girls from facebook. Is it illegal for people to submit photos from facebook that are set to the privacy setting "Friends Only" or "Friends of Friends." Are all facebook pictures public domain and can they be used anywhere on the internet? I would just like to know if my site is breaking any intellectual property rights or copyright issues. How can I improve the legal features of my blog? Thank you.


Asked on 1/03/11, 11:42 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You have a method of determining a person's sexual promiscuity from a photograph? You are an attorney's dream client. All pictures on facebook are NOT public domain and are copyrighted by someone, usually the photographer. You do not have permission to use any of the pictures, and you could be sued for thousands of dollars for one picture. Therefore, do not use pictures unless 1) you have taken them yourself; 2) you have permission from the copyright holder; or 3) they are U.S. government works, were made before 1900, or are other known public domain material

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Answered on 1/08/11, 12:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Bad business idea! Suppose perhaps 25% of the ladies you identify as "promiscuous" are as saintly as nuns, even though to your eyes they look enticing? How many hundreds of angry plaintiffs will you be facing when the suits hit the courts? Yuck-o.

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Answered on 1/13/11, 7:10 pm


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