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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111549
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Hypothetical: I posed picture in a "racy" costume at a

Customer Question

Hypothetical: I posed for a picture in a "racy" costume at a public event. The picture was posted on someone else's Facebook page and someone reposted it in their account on a picture-sharing web site. The reposted picture identified me by name. My employer subsequently saw the picture and fired me for conduct unbecomming. Do I have recourse against the person who reposted it?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, once a picture is posted on facebook, this is a risk you run. The person who TOOK the picture has a copyright over the image and can enforce the rights to remove the image from any site where it was posted without the photographer's consent. Also, if the photographer knows who did this, they can sue the person for copyright infringement and for damages for violating their copyrights.

Just appearing in a photograph does not give a person a right to the image. The right to the image belongs to the person who took the photograph, so they have to enforce their copyrights.