Legal Question in Technology Law in Pennsylvania
Computer Ethics
Is it legal for someone who has a photograph of you (nude or otherwise) to post that photgraph on the internet without your permission? Furthermore, is it legal for someone to post your work (drawings, writings) on the internet without your permission?
2 Answers from Attorneys
Re: Computer Ethics
First, as Gerald points out, it's "publishing," i.e., putting out into public view, which is legally significant. It really doesn't matter whether an infringer publishes on the Internet, or hands out a pamphlet, or hangs a poster on the wall. It's all copying as far as copyright law is concerned.
(Congress has attempted to place additional limitations on what can be put on the Internet through the CDA and "Son of CDA," but so far those laws have been ruled unconstitutional.
Clearly, you have a copyright in anything you've written or created; unless you purposely dedicated them into public domain. Anyone who has copied your work onto a web site have committed infringement.
However, it's not clear whether you have a right to complain about publication of a picture of your own image, if taken by someone else in a public place. News photographers, for example, don't need permission of the people shown in their pictures, as a general matter. Some states recognize a "right of publicity" which helps celebrities, mainly.
William Marvin
Law Offices of William D. Marvin
947 Old York Road
Re: Computer Ethics
It is improper for someone to publish a photograph or other works of yours without permission. The problem is that it is expensive to pursue your legal remedies.
Gerald Hershenson
Law Office of Gerald M. Hershenson
506 Corporate Drive West