Legal Question in Technology Law in Florida

Re: Pictures on the internet

The answer may depend upon the policies of the web site where you posted your picture. Many of these sites require users to either agree to specific terms of use (or post disclaimers) which state what users can and cannot do with materials on the site. These disclaimers sometimes state that users who post material on the site thereby agree to place them in the public domain.

If you have not placed the picture into the public domain, then you own the copyright to it and there are limitations to what others can do with the picture without your consent. You might want to explain this fact to the pople who are misusing the pictures.

It is also quite possible that you have given the copyright to your picture to the owner of the site where you posted it. If so, then he potentially has a copyright violation claim for each picture that is being used this way.

If the people who alter these pictures make them identifiable (perhaps by putting the name of the person nearby) then the victims might be able to sue for intentional infliction of emotional distress. If the alterations portray the victims in some sort of scandalous activities, they can also due for false light publicity.

Another basis for a suit might be misappropriation of likeness. The laws on this subject vary from state to state and I don't know whether you can bring such a claim in Florida. Of course, if these other people are in another jurisdiction you have the option of suing them there and taking advantage of that state's laws (assuming they offer more protection than Florida's).

Actual lawsuits can be expensive and your injuries here might not justify the cost and aggravation, but that's your call. Also, if several people with similar claims join together as plaintiffs, they can increase the potential judgment which spreading the burden among themselves.

The best way to start, though, is probably with a demand letter warning them not to use your picture and threatening a lawsuit if they do. Having a lawyer write the letter may lead these people to take it more seriously.

Or you could just ignore the other site. Maybe it doesn't get a lot of visitors. If sees what is posted there then there isn't so much harm being done.