Legal Question in Technology Law in Kentucky

profile picture on someone else's blog

I had a picture to go with my profile. I was informed today that someone had put that picture on their blog and said some nasty things about me. He does not have my permission to use this picture, but since it was on my profile, is it pretty much fair game then?

Please help.


Asked on 6/25/09, 12:34 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: profile picture on someone else's blog

There are practical aspects and legal aspects to this situation. When one posts their own picture on the internet, it is not legally "fair game" for anyone to take. However, as a practical matter, keep your picture to yourself if you don't want it on the internet. If you find that your picture is used for any unauthorized commercial purpose, then legal action may be warranted.

As for the "nasty things" the blogger is saying, these statements could be defamation. Legally, this is actionable if the statements are untrue and cause quantifiable damage, such as you lose your job or business. Merely calling someone names or giving an opinion of their character, without more, is not actionable.

If you feel that I have trivialized any aspect of your situation, please know that is not my intention. My opinion is based only on the limited facts you have presented. If there are other facts which you feel really need to be considered to determine whether you have a cause of action, please have a one-on-one consultation with an attorney in your area.

Best of luck to you,

Sarah

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Answered on 6/25/09, 12:58 pm


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