QUESTION
Can an ex get into trouble for posting nude pictures of me on a revenge site?
Asked on Aug 16th, 2013 on Intellectual Property - Arizona
More details to this question:
We dated for a while and during that time we texted each other pictures of ourselves. We also took pictures of each other. There were videos as well. Many of the pictures have faces in them, but some of them do not. Is there a difference if the pictures are identifiable/ We broke up a little bit ago and I am worried that she will post the pictures and videos online. I know there is not a copyright issue because she took some of the pictures and has permission to have the others. Would there be any other cause of action- invasion of privacy, IIED, etc? is there anything I can do so she can't post them and if not is there anything I can do if she does post them? I live in Arizona, she does in Texas and we lived together in Oklahoma. She is also an attorney, if there is no legal cause of action, can I report her to the state bar? If this is not a legal violation it sure seems like an ethical violation.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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Copyrights belong to the author of the work. In film and photography, the author of the work is the photographer or director, if there is a person controlling both the photographer/cameraman and the subjects of the work. Copyright can only be assigned by written assignment. If you are the author of some of these works, allowing your ex to have possession is not the same has giving her copyrights in the works. You could still have an action if she copies the works without your express written consent.
Taking an action simply to do harm to another person (physical/emotional/reputation/etc) is actionable under tort law. Tort laws vary from state to state, but if she takes action for the clear purpose of causing you injury, you probably have a tort action against her. Similarly, if she has threatened to post/publish them, you could get an injunction to keep her from publishing them and/or to have them destroyed.
I have no idea how the state bar would handle the matter if you brought it to their attention.
Answered on Sep 10th, 2013 at 4:00 PM