Legal Question in Technology Law in Georgia

Posting of unauthorized pictures

This is similar to a recent post about posting of unauthorized pictures online, except this one differs in the fact that the picture was not nude. Also, the particular person posted their picture online themselves, and another person simply put it on their website. Can the person who is in the picture have any legal action taken?

The picture was not copyrighted.

The website the picture is posted on is a non-profit site.

I hope there is enough information here.


Asked on 7/07/02, 7:07 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Posting of unauthorized pictures

You jumped right off the track with the remark "the picture was not copyrighted." Under the 1976 copyright act, copyright attaches as of the moment of creation, so the photographer (unless otherwise agreed) owns the legal rights known as copyright. Presumably, the picture was digitized and posted on the Web site under some license, but that does not mean that the photo is in the public domain and free for others to copy.

Best wishes,

LDWG

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Answered on 7/07/02, 7:15 pm


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