Legal Question in Technology Law in Virginia
A few guys have been posting my pictures, along with other girls pictures, on an anonymous nude website. All parties are of legal age, but NONE of these pictures were taken by the guys posting them, all pictures being posted were taken by each girl in the privacy of her own home and there was an obvious understanding that they were meant for private purposes. We have recorded all comments made on the websites, due to degrading names and refusal to remove the pictures. Are they legally able to post these pictures without consent and what are our options on getting them taken down? They seem to think that once a private picture is sent it belongs to the "public."
1 Answer from Attorneys
You may want to consider a copyright approach. Your key language is the pictures "were taken by each girl". Since each photographer owns the copyright in her own photo, the guys posting them without permission appear to be infringing both the exclusive right to reproduce the work into copies and the exclusive right to display the work publicly. You may, therefore, use the DMCA "notice and takedown" provision to demand that the photos for which they own the copyright be taken down (blocked). (The hosting service probably has information on where to send the notice somewhere on their website, and there is a specific procedure to follow. Just search for "DMCA notice and takedown" or visit http://www.chillingeffects.org/dmca512/faq.cgi for general information written by good folks who know when the process is abused or done wrong.) A federal lawsuit for copyright infringement is also an option, but to sue in federal court, the works must be registered. For $30, each photographer may register their photo with the Copyright Office. With registration in hand, you will be in a position to sue for infringement, which includes statutory damages and possibly attorneys' fees (which won't help much if the guys are broke. Best of luck.