a teenager has taken my four year old son's pictures off my web page and posted them on her myspace page and i really need to know if this is illegal or not since i have asked her to take the pictures down and she refuses.
2007-11-20 08:26:52 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
OK, first off, just to clarify some of the points from other posters, ALL photographs are copyright. There is NO requirement to register a copyright for the copyright to be valid. It IS, however, necessary to register a copyright before a lawsuit can be filed for breach.
Second, there's no grounds for a succesfull lawsuit for copyright infringement, because there's no commercial use by either of you, and thus no damages for which to sue.
That said, it's still a violation of copyright law to use someone else's copyright material without their permission. The people to contact is the digital rights office at MySpace and make a DMCA complaint. I can't give you a link, I'm afraid, my office computer network blocks myspace.com
Richard
2007-11-20 09:03:37 · answer #1 · answered by rickinnocal 7 · 1⤊ 0⤋
If the pictures are not kiddy porn, or naked pictures you might have taken, say kid taking a bath or something, there may be a civil action for invasion of privacy or unauthorized use of the likeness, but there is no crime in using the pictures. But you raise a point. It's something that bothers me all the time. If you dont want people to see your kids, why do YOU post them? (Or any parent for that matter.) That's something I just dont understand. It isnt exactly a private medium now, is it? You post pictures for MILLIONS of people to see. Once they are out there, they are out there forever. Chances are you will never know how many people copied them and republished them.
Someone mentioned that there is copyright law on the internet. Yes, that's true. But you STILL have to copyright the material for it to be enforceable. It's not automatically copyrighted unless you do.
Anyway, I understand why it bothers you. If someone were using my kid's likeness that way, I'd be upset. But if they were pictures I posted on the internet, I'd feel that to some extent, I'm to blame as well.
2007-11-20 16:11:25 · answer #2 · answered by Toodeemo 7 · 1⤊ 0⤋
Its not illegal, there's no copyright or trademark rights to the pictures so not illegal in that sense.And you are not publishing the picture for financial gain so there would be no working contractual agreement between you. Common courtesy is that if they object to the picture being up that you take it down. I'm sure they wont mind. Unless they're nekkid
2016-04-05 00:32:20 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Unless she's profiting from your kid's picture or using the picture so as to slander you and your family, there's really nothing you can do.
Would you lather yourself in fish guts and go swim with great white sharks? No? If you did, would you expect anyone to listen to you complain about how the sharks bit your legs off?
So, why do you people insist on posting your personal pictures for everyone and their perverted uncle to have access to, and then complain that someone's using your picture without your permission?
If you put it on the internet, its the same as passing it out on the street. People are free to do what they will with it. Protect your own, and stop trying to control what everyone else does. At the very least, stop advertising that you're willing to be taken advantage of.
2007-11-20 09:22:21 · answer #4 · answered by I 5 · 1⤊ 0⤋
Lady, if you put your minor's pictures on the internet then you have nothing to complain about. If you don't want your child's pictures floating around on the net then omg don't put them on there in the first place. Sorry but thats the way it is. I can stand in the street and take pictures through your open window if I want to. Take your child's pictures off your site. There's no need for it if you don't want them to be public.
2007-11-20 08:38:25 · answer #5 · answered by Anonymous · 4⤊ 0⤋
This is the reason you should not post pictures of your children on myspace, flikr, or any other site. There are some sick people out there, and you don't need to advertise...
2007-11-20 17:55:44 · answer #6 · answered by Rob S 3 · 1⤊ 0⤋
This is a little weird... does she know your son? If so, she should honor your wishes and remove the photos. If not... then this is very creepy. However if she does not remove them, email Tom (you know myspace "Tom"), he should be able to take care of the problem.
2007-11-20 08:59:05 · answer #7 · answered by jennyღ 5 · 0⤊ 0⤋
It is completely legal. Don't listen to what anyone else tells you. They are just telling you what they think the law should say, rather than what the law actually says.
The only way it would be illegal is if it's illegal content (like child porn) or if they are charging people to view the site (copyright issues there).
2007-11-20 10:04:22 · answer #8 · answered by Anonymous · 0⤊ 2⤋
Yes it is. Even the internet has copyright laws, especially pertaining to intellectual content such as writing and photos. Send a cease-and-desist order, and explain that because she did not ask your permission to use them, the law requires her to remove them at your request. Contact me if you'd like help in the matter.
2007-11-20 08:35:36 · answer #9 · answered by kt_b_blue 3 · 2⤊ 1⤋
yes it is and you need to file a report with the state attorneys office where you live . Omg woman that is terrible and you need to do something about it . good luck and god bless you .
2007-11-20 08:30:37 · answer #10 · answered by Kate T. 7 · 1⤊ 1⤋