Legal Question in Technology Law in Illinois

Nude photo of me on internet without permission

I recently found out that a nude photo I had sent to someone I was once involved with has been posted online and has been found in several pornography sites. I confronted the person who I had sent the photo to and he denies putting it online himself and has no idea how it got posted. I still have a copy of the sent email proving the photo belonged to me. However despite my emails to the sites I have discovered the photo on demanding removal I have not had any success. What legal options do I have in terms of removing the photo off the internet and/or suing for defamation by having it posted without my permission? I feel like I am at a loss here and the photo could potentially cause problems for me in the future if it continues to float around online.

Asked on 12/31/08, 2:55 am

3 Answers from Attorneys

Motty Stone Law Offices of Motty Stone

Re: Nude photo of me on internet without permission

There are a couple of different ways to go after these websites. The first is via privacy torts, but you may also use the fact that the photos are your property and are protected by copyright laws.

There are a lot of problems with trying to eliminate the photos, not the least of which is that the internet is a big place. But if you want to try, I imagine a letter from an attorney will go a lot further than a letter from you personally.

Please feel free to contact us if you want to talk.

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Answered on 1/01/09, 2:40 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Nude photo of me on internet without permission

In most jurisdictions, there is a cause of action known generally as a "privacy tort." Typically, there are four such "privacy torts," one of which is the public disclosure of embarrassing private facts, which generally means publication of non-newsworthy, private facts about an individual that would be highly offensive to a reasonable person.

Thus, based on the limited description you offered, and without doing an analysis of the law of the governing jurisdiction, you may have a claim against the person.

Besides the legal issue of whether a claim exists, you will have to overcome the factual issue of whether this person was actually the one to do the publication -- but this information could be had from discovery. Finally, you would have to consider the harm done to you, i.e., your damages, and this person's ability to pay.

-- Kenneth J. Ashman; [email protected]

The information provided by Ashman Law Offices, LLC (“ALO”) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 12/31/08, 12:44 pm
Johm Smith tom's

Re: Nude photo of me on internet without permission

I have handled this type of problem many times but it is complicated; so call or write if you want to consult or want me to help you.

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Answered on 1/06/09, 12:46 pm

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