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?


Asked on 4/20/99, 3:10 pm

2 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

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


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Answered on 4/21/99, 9:07 am
Gerald Hershenson Law Office of Gerald M. Hershenson

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


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Answered on 4/20/99, 9:53 pm


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