QUESTION
Can I post images of photos of eHarmony matches on the internet without repercussion? Or violates copyright?
Asked on Dec 21st, 2013 on Criminal Law - Nebraska
More details to this question:
eHarmony does not accept any copyrighted images. Therefore, can I post images of photos of eHarmony matches on the internet without repercussion? Another way to ask it - eHarmony sends me pictures of potentially dateable matches. Can I post pictures of these dudes on the internet without violating any ownership or copyright rules?
7 ANSWERS
Theodore M. Roe
When someone takes a photo they own the copyright created when the photo is created. eHarmony may also have an interest in those photos, pursuant to their terms and conditions. Liability of willful infringement of a registered copyright can be up to $150,000 per violation.
Answered on Jan 09th, 2014 at 11:17 PM
James Edward Smith
Copyright infringement.
Answered on Dec 26th, 2013 at 3:36 AM
NO! FIRST EACH STATE HAS DIFFERENT PERSONAL PRIVACY LAWS THAT HAVE TO BE CONSIDERED. SECOND, ALL PHOTOGRAPHS ARE COPYRIGHTED REGARDLESS OF WHETHER THEY HAVE BEEN FEDERALLY REGISTERED OR NOT SINCE 1978.
Answered on Dec 26th, 2013 at 3:36 AM
Susan Marie Basko
You most likely misunderstand the eHarmony Terms of Service. All original, creative works in the U.S. have copyright inherent upon being put into tangible form. When a site like eHarmony requests photos, they are asking for photos that the user has cleared for usage and upon which no copyright claim will be made against eHarmony. If you were to post the photos, you would most likely be violating the copyrights of eHarmony as well as of the owners of the copyrights of the photos, the rights of publicity and privacy of those shown in the photos, and the Computer Fraud and Abuse Act by egregiously violating the Terms of Service of the eHarmony site.
Answered on Dec 24th, 2013 at 9:22 PM
Patent Application Attorney serving Sunnyvale, CA
at
The Law Office of Alan W. Cannon
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If the images are not copyrighted then you can post them.
Answered on Dec 23rd, 2013 at 9:30 AM
No, you can not repost eHarmony pictures without the explicit written permission of the company or the owner of the copyright on the photos. I imagine that, when eHarmony states that it doesn't accept copyrighted photos, it means photos taken by a professional photographer who retains the copyright on the image.
Answered on Dec 23rd, 2013 at 9:30 AM
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
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No - you would need permission from eHarmony. The fact that they do not accept copyrighted images has no bearing on the issue. It simply means that, for example - professional photographs - where there may be a copyright claim by the photographer - cannot be used on the site. When photos are sent to eHarmony - the sender agrees that the photo can be used by the site. Then, when eHarmony creates a "group" of photographs - they have in essence created a "new work" and they own the copyright.
Answered on Dec 23rd, 2013 at 9:30 AM