Legal Question in Technology Law in Nebraska

Pictures on the internet

I have website where I publish pictures of people's cars and write funny comments next to them making fun of their cars. I blur the liscense plates and faces of any individuals. Is there any legal action that can be taken against me?


Asked on 3/11/03, 9:22 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Pictures on the internet

Yes. Anyone can take legal action against anyone else. Question is, would they have a case?

That depends on whether the individual is identifiable. If it is a unique car, I would guess the individual might be known or might become known. So, you are taking a risk that the blurring may be ineffective to mask identity.

Next issue for you is damages if there were a claim. Unless you are pretty mean or degrading in your comments, damages will be insignificant to any individual whose vehicle you show. Indeed, the individual may benefit and the worth of the car may increase. So, even if the individual is identifiable I think it reasonably unlikely that there would be any damages.

Next issue is one of an injunction against you. I think parody and satire are free speech and you will prevail on free speech issues so long as you do not go overboard in your "funny comments".

You probably should consult a copyright lawyer versed in free speech issues and defamation cases. I litigate free speech/defamation cases (including ones against me for things on my website), but I will refer you to local counsel if you prefer.

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Answered on 3/12/03, 12:41 pm


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