What are the laws about posting non-nude pictures of your ex-girlfriend online?

7 Comments

1. choko_canyon says:

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   As long as the pictures are neither illicit nor inflammatory in some way, there is no law against it.
2. rickinnocal says:

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   If you took the pictures, and they were not taken under circumstances where she had a "reasonable expectation of privacy" then since you own the copyright you can post them where you want.

   If you post them for commercial use then you have to agree a modeling fee with her unless she signed a model release. A failure to negotiate a fee, though, does not prevent you posting them – either party can ask a court to impose a ‘reasonable’ fee.

   Richard
3. burtlikko says:

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   That depends on a lot of things. How is she depicted in the picture, has the picture been altered in any way, who took the photograph, has she given you her consent to use the photograph, for what purpose will you be posting the photograph, and most importantly, what state are you in? Some of the states, but not all of them, give the subject of a photograph substantial rights to control its use and particularly its commercial exploitation.
4. Roboron says:

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   If you have to ask then you know you shouldn’t do it.
5. LITTLE SISTER says:

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   Millions are posted on My Space, and you tube every day, if they do not show nudity it is legal, her and her friends may consider you a brown eye but it is not illegal.~
6. akaMaryn says:

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   You may own the photographs, but she owns the rights to her own image. So legally, you can’t.

   While this law is violated often, you wouldn’t want to be the rare person who gets prosecuted for it. She’s an ex. Let her go, and move on.
7. demos_jones says:

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   I took the pictures, I own the copyright. I can post them as I choose.

   Companies usually obtain a release so that the subject can’t come back later and sue. It just avoids a hassle. Even with a lawsuit, it’s not guaranteed to win, but it does cost to defend oneself. But the fact that someone posed for you to take the picture implies consent to begin with.

   Posting someone’s picture online is not really a legal problem; it’s what accompanies the posting. For example, you can’t caption it with "50 Worst First Dates" or something derogatory. Actually, you can, but you probably will lose a lawsuit on that basis (defamation).