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wyanet-wuti · May 12, 2008, 02:38 PM

Is it legal to post a picture of someone on-line without their permission? State of West Virginia

This is my own personel picture I put on a web site (360) There are derogatory things said about my person under my picture... it was stolen off a friends page. Such as : I was called a cow, personel comments also. Hope this clears this up this some.

Fr_Chuck · May 12, 2008, 02:41 PM

Depends on ownership of the photo. Normally publicly taken photos are but others often can not be without their permission.

progunr · May 12, 2008, 02:44 PM

I think it would depend on how or where you got the picture.

If you pulled a photo off the web, then it was already public, and unless there is some type of copyright on the photo, I believe you could post it anywhere you want to.

Now if you go further than just posting a photo, such as saying or writing things about the photo, or person in the photo, then you could be in a slander/liable situation that would make it illegal.

If someone "gave" you a photo, then the photo is yours. If you decide to just post it, I don't see how it could be illegal.

This is not an area that I have much experience in so I would watch for other answers too.

JudyKayTee · May 12, 2008, 03:09 PM

Originally Posted by wyanet-wuti

Is it legal to post a picture of someone on-line without thier permission? State of West Virginia

Some of it depends on the purpose behind posting it; is it a photo which is public domain; how did you get the photo?

Seems that people take intimate photos all the time, then they break up and one or the other posts the photos on the Internet. Even if a Judge ordered the photo removed once it's posted it's on there forever in one form or another.

There is some case law in which a photo was posted for the express purpose of embarrassing someone and damages were awarded - perhaps in a Western State?

Fr_Chuck · May 12, 2008, 04:06 PM

Ok, someone had a photo of YOU on their web site with bad things posted. Is this the issue.

Where did thy take or get the photo, if they took a photo from you walking down the street, most likely they can post that. If what they are posting is wrong or lies it is possible to sue them to take it off.