Legal Question in Technology Law in Pennsylvania

Usage of photos

My exgirlfriend is a photographer and while we lived together i let her take nude photos of me for her portfolio. I gave her verbal permission to use them for her career ie galleries, books.... but she has designed a website and they are included on that. im not too fond of being plastered on the internet. is there anyway i can make her take them down, or since i gave her permission to use them for her portfolio can she keep them up?

Asked on 9/27/04, 8:23 pm

1 Answer from Attorneys

Gerry Elman Elman Technology Law, P.C.

Re: Usage of photos

Have you asked her to remove the pictures? Has she refused?

By referring to her as your "ex" girlfriend, it is unclear whether you believe she would be willing to cooperate or rather that you believe she is interested in spiting you.

The tools of the law involve filing and prosecuting a lawsuit. The remedies of such a suit could include an injunction ordering the defendant to cease the offending conduct and maybe to pay money damages for harm caused by the conduct.

A possible response to such a suit would be to deny that the conduct is wrongful, namely that it is being performed pursuant to an agreement or license from the plaintiff. In the absence of a written license, it would be up to the defendant to come up with evidence of what license was granted orally. The defendant's own testimony would be admissible but not necessarily dispositive. Unless someone else shows up and testifies that he heard the plaintiff grant the license to post the photos on a website, it is likely that the plaintiff would prevail in such a case.

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Answered on 9/28/04, 3:46 am

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