Legal Question in Consumer Law in Wisconsin
I recently added a photo of my girlfriend on my facebook page that her mother had taken last summer. Her mother had a fit and is demanding I take it off my page, saying it is copywrite infringement. Saying that because she took the picture of her daughter, the photo belongs to her and she is going to have me prosecuted. Is this true? Can she have me prosecuted for posting this pic on facebook?
1 Answer from Attorneys
Copyright infringement would normally be a private lawsuit. Government prosecutors get involved most frequently in cases of mass piracy, for example, of movies, by criminal enterprises. While private lawsuits are possible, they are expensive. Without addressing the issue of the weather or not the copyrights are properly preserved on a family picture, there is also a doctrine known as "fair use" of a creative work which was presumably given to you. Was Facebook posting something the mother anticipated you doing when she gave you the picture? Despite the legal issues, however, you also need to ask yourself whether or not it is really a good idea to get your girlfriend's mother upset in this way if you wish to remain together. If you are so serious about posting it that you don't mind risking the relationship, you should hire an experienced civil practice lawyer to research this issue for you in depth, since you probably have good arguments available to you that you have certain limited rights to use this picture.
Don't assume that I am your attorney because of this. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications or follow-up, but if you want me to do more you will need to make additional arrangements. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials.
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