Legal Question in Technology Law in Tennessee

Do I have to take this guys name and picture off of my web site?

I run a pretty popular web site. This guy kept getting on my message board and harrassing people so one day when he gave a link on the board to a site that had his picture on it (the site was for a local community college radio station where he was a DJ). I downloaded the picture and put it on my site and started a ''we hate ''guys name'''' contest. you download the pic and do funny stuff to it then email back to me and I post it on my site. This guy says he talked to the ''district attourney'' and if I dont take his name and picture off of my site, then he is going to sue me. Do I have to take it down or is it my right to post what I want on my web site? Thank you for your help.


Asked on 5/08/02, 10:01 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Do I have to take this guys name and picture off of my web site?

The DA isn't going to have any interest, but his personal attorney might. Someone, quite possibly the DJ in question, owns copyright in the picture, and putting a copy on your site without consent could make you liable for copyright infringement. Better take it down; you've had your fun with it anyway.

Different story on the name. Here, the issue is defamation, so as long as you are truthful in what you write about him, you are entitled to post it. Do make sure that nothing outrageous (e.g., having carnal knowledge of various barnyard creatures) which is posted by others is allowed to remain on the site.

Best wishes,

LDWG

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Answered on 5/08/02, 11:24 am


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