Permission to post another's photo?

[justme007]

Hello everyone,
I'm not sure what the rules are about myspace or msnspace or other things like that. But shouldn't someone ask your permission before posting an image of you on the internet? If they use your photo on their site without your permission and you repeatedly told them to remove it but they have refused, what other steps can you take in getting them to remove it? Are there any internet laws for this kind of thing?

Thank you

 

[Shady]

i dont think so
if you dont want your photo on the internet why did you post it on your space at the first place
i dont think there is anything you can do
i might be wrong

 

[ChrisDVD]

aww, i hate when people take yor pictures!! unless they are feinedly
no, their is nothing you can do, he can keep it if he wants, send it to others, post in forums (do jokes with them) etc.
The best way is to go tell his parents (if he is a kid, but if he is over 21 you got no chance pretty much)
But, wouldn't that be stealing privacy? i dunno, you might try to go to the police office,
good luck!
Chris

 

[Christian Darrall]

what other steps can you take in getting them to remove it?

sew them, say the photo is copywrited

 

[ChrisDVD]

that's smart

 

[Christian Darrall]

i learn from own experience

 

[justme007]

Hey shadyi, I didn't put it up on my space ...
Anyway, thanks to everyone for replying, I really appreciate the advice. I have just reported this person to msnspaces we will see what happens next

 

[BigBrains57]

If you know where he lives just beat the shit out of him/threaten...or steal his pets, lol, thats f**king mean.....

 

[Filip]

If you know where he lives just beat the shit out of him/threaten...or steal his pets, lol, thats f**king mean.....

rofl, is that what they teach you at school?

 

[computerhakk]

I am not sure if it is illegal or not, but to me, it seems like itis. However, I am pretty sure that it is not invasion of privacy.

What you can do is like you said, contact msnspace and see if they are willing to handle and remove it for you. I believe, that if anyone takes an image from someone elses property, they have to leave some sort of reference. i.e. hyperlink or give credits.

 

[ceewi1]

As far as I am aware, the rights to images lie with the photographer. Copyright is an automatic right, which you do not have to register or pay for. If someone has taken your image and posted it on their own site without your permission, that is a violation of copyright. If they will not remove the image upon request, you can take the matter further with the administrator of the site. If you are unhappy with the response, you would be without your legal rights to take the matter to court.

It is not uncommon for these sort of things to happen, particularly on websites that make a significant amount of money (either through subscriptions, or ads) via photographs. Webmasters of other sites are sometimes not above stealing these images to promote their own site. A complaint to the ISP hosting the site is usually sufficient to resolve the bulk of these claims.

 

[justme007]

I am not sure if it is illegal or not, but to me, it seems like itis. However, I am pretty sure that it is not invasion of privacy.

What you can do is like you said, contact msnspace and see if they are willing to handle and remove it for you. I believe, that if anyone takes an image from someone elses property, they have to leave some sort of reference. i.e. hyperlink or give credits.

Hey again everyone,
Well I have just received a second email from msn. In the first email they asked me for more information about the space, the exact links, etc. In the second email they sent me a link to "NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT". So basically they expect me to mail microsoft and tell them about it This is ridiculous, I don't want to go through all of that, I just wanted them to remove it!! I do think it is an invasion of privacy.

 

[justme007]

As far as I am aware, the rights to images lie with the photographer. Copyright is an automatic right, which you do not have to register or pay for. If someone has taken your image and posted it on their own site without your permission, that is a violation of copyright. If they will not remove the image upon request, you can take the matter further with the administrator of the site. If you are unhappy with the response, you would be without your legal rights to take the matter to court.

It is not uncommon for these sort of things to happen, particularly on websites that make a significant amount of money (either through subscriptions, or ads) via photographs. Webmasters of other sites are sometimes not above stealing these images to promote their own site. A complaint to the ISP hosting the site is usually sufficient to resolve the bulk of these claims.

Thanks ceewi,
The person was not the photographer, I really don't know how they have the image..maybe it was their camera

 

[computerhakk]

Hey again everyone,
Well I have just received a second email from msn. In the first email they asked me for more information about the space, the exact links, etc. In the second email they sent me a link to "NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT". So basically they expect me to mail microsoft and tell them about it This is ridiculous, I don't want to go through all of that, I just wanted them to remove it!! I do think it is an invasion of privacy.

I doubt that it is invasoin of privacy though...

However... after thinking about it... you might possibly have a case for "invasion of privacy"

The reason I said I didn't think it was at first was that the person that did that.. he/she didn't set up any hidden cameras or anything in your home or where you are at and taken those pictures. He/she just got it off from your site and posted it on someone his/her site.

But, after thinking about it.. You might have a legal case of invasion of the right to privacy because after going through one of my law pamplets, it states... "Use of a person's name or picture likeness for commercial purposes without permission"

Now, the only thing is ... can the site he/she has.. can it be defined as a commercial site?

Also, I think you can have legal cases for fraudulent misrepresentation and negligent misrepresentaion. This is assuming that he/she misrepresented the facts or conditions of your picture with:
1. knowledge that they are false
2. with reckless disregard to the truth
3. failure to disclose when under a duty to disclose.

And, if you do go through.. you might even be able to collect punitive damages

Additionally, it seems as if MSN is saying that "hey since you didn't copyright that image, then too bad so sad" in the e-mail when they asked u to file for infringement

 

[justme007]

I doubt that it is invasoin of privacy though...

However... after thinking about it... you might possibly have a case for "invasion of privacy"

The reason I said I didn't think it was at first was that the person that did that.. he/she didn't set up any hidden cameras or anything in your home or where you are at and taken those pictures. He/she just got it off from your site and posted it on someone his/her site.

Hey computerhakk thanks alot for that info But I think I need to clear a few things up here...First, I believe it is an invasion of privacy because that image is on the internet and I did not ask for it to be there. Secondly, the image was never on a site! The person had taken the image from a digital camera and scanned it into their computer and then put it on their site without permission. PLUS this person was NOT the one who had taken the photo.

 

[computerhakk]

Hey computerhakk thanks alot for that info But I think I need to clear a few things up here...First, I believe it is an invasion of privacy because that image is on the internet and I did not ask for it to be there. Secondly, the image was never on a site! The person had taken the image from a digital camera and scanned it into their computer and then put it on their site without permission. PLUS this person was NOT the one who had taken the photo.

I see. Well, your first post, you wasn't to clear as to how it got there so I did assume they got it off your site.

Your second post, you said u didn't post it on myspace, but you contacted msnspace. So I assumed it was on your msnspace page.

Then your fourth post, I wasn't too sure what you meant of the photographer.

So thus, that's what I concluded by your posts.

--------------------------------------------------------

So, let's get this straight.

1. You had no knowledge of the image or as to how it got on the site, it just did and you want it off?
2. The person that has your image on their site, you said that they are not the one who had taken that picture but instead got it from someone else?
3. Lastly, the image.. did you know of the picture? Like since you said it was never on a site, did you know of it's existence? Or did it just suddenly appear there.

Is this correct so far?

 

[justme007]

I see. Well, your first post, you wasn't to clear as to how it got there so I did assume they got it off your site.

Your second post, you said u didn't post it on myspace, but you contacted msnspace. So I assumed it was on your msnspace page.

Then your fourth post, I wasn't too sure what you meant of the photographer.

So thus, that's what I concluded by your posts.

--------------------------------------------------------

So, let's get this straight.

1. You had no knowledge of the image or as to how it got on the site, it just did and you want it off?
2. The person that has your image on their site, you said that they are not the one who had taken that picture but instead got it from someone else?
3. Lastly, the image.. did you know of the picture? Like since you said it was never on a site, did you know of it's existence? Or did it just suddenly appear there.

Is this correct so far?

1. No, I did not have knowledge of/recall taking that image until I had seen it on their site.
2.Correct, they got it from someone else
3. I had never seen the picture before until I saw it on that site

I hope that cleared things up

 

[computerhakk]

Great. Well, this is starting to sound like an investigatoin.

I am not trying to be funny or anything.. but verify that the person is truely you since you had no knowledge of ever taking that picture.

Do the surrounding landscape look familiar to you? Is it at a restaurant? In a house? Park? Etc.. If it looks familiar, try to recall in memory when and where it was. Try to remember if you knew anyone who was there with you or anyone that seemed to be following you.

Why? because you really wont get anything if all msn says is to file that claim and yet, you are not the copyright owner. If you can narrow it down to as who or where it was and possibly who could be the possible culprit to have taken that snapshot, then that's where you might get somewhere. You can then maybe start confronting them and start talking about your legal rights and moral ethics.

Also, forensic computer analysis can determine exactly as to where the image came from, ip address, who's computer, what program was used to edit it, the signal of the internet.. then identify where the computer resides, if in a resident or business.. and investigated that way.. But.. knowing that this isn't a case for such analysis, I doubt that you'll get that chance.

So like I have said previously, you might have some chances at legal issues like fraudulent and negligent misrepresentation.. and possibly "invasion of your privacy" if infact the site is classifies as commercial. Law is very technical and to understand it completely is to understand English completely.

 

[Arm_Pit3]

You can press harrasment charges.

 

[justme007]

Great. Well, this is starting to sound like an investigatoin.

I am not trying to be funny or anything.. but verify that the person is truely you since you had no knowledge of ever taking that picture.

Do the surrounding landscape look familiar to you? Is it at a restaurant? In a house? Park? Etc.. If it looks familiar, try to recall in memory when and where it was. Try to remember if you knew anyone who was there with you or anyone that seemed to be following you.

Why? because you really wont get anything if all msn says is to file that claim and yet, you are not the copyright owner. If you can narrow it down to as who or where it was and possibly who could be the possible culprit to have taken that snapshot, then that's where you might get somewhere. You can then maybe start confronting them and start talking about your legal rights and moral ethics.

Also, forensic computer analysis can determine exactly as to where the image came from, ip address, who's computer, what program was used to edit it, the signal of the internet.. then identify where the computer resides, if in a resident or business.. and investigated that way.. But.. knowing that this isn't a case for such analysis, I doubt that you'll get that chance.

So like I have said previously, you might have some chances at legal issues like fraudulent and negligent misrepresentation.. and possibly "invasion of your privacy" if infact the site is classifies as commercial. Law is very technical and to understand it completely is to understand English completely.

hmmm... I think this is being interpreted the wrong way. I am 100% sure of who is in the photo and what I meant when I said I had no knowledge of it was that I did not have any knowledge/recall ever taking that picture UNTIL I saw it on the website. Sorry for being so unclear about that. I also know the person who took the photo and also the person who has it on their site, however, I did not give this person permission to post it on the internet and this person has not taken it down even after I have asked them to more than once.