Legal Question in Intellectual Property in New York

I want to start a website where I post pictures of individuals whom have emailed me a picture of themselves naked. I have 1000's of poeple sending me naked pictures of themselves, along with their name. Can I post this picture and their name online? They would pay me $5 to remove it if they would like. Is this illegal? any way to make it legal?

Asked on 8/07/12, 12:35 pm

1 Answer from Attorneys

Christopher Mitchell Law Offices of Laurence Kramer, PLLC

You have the property rights to any pictures taken by you so long as you didn't violate any privacy rights in taking these pictures. Simply put any pictures taken by you with the subject's knowledge and permission. However, there becomes a grey area when discussing the intellectual property rights of pictures emailed to you. The safest advice I can provide you with is to obtain a prior waiver and consent from the inviduals sending the pictures of themselves to allow you to post the pictures on your website. This would work to avoid any problems before they arise.

I suggest consulting with an attorney to have the proper language drafted.

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Answered on 8/13/12, 8:42 am

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