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Photos taken in my home have shown up on a facebook site without my permission. When the photos were taken a verbal agreement that none of the photos taken would be posted anywhere without permission
Optional Information: Country relating to Question: United States State (if USA): California Already Tried: We have asked the Facebook site owner to remove the photo several times
Welcome and thank you for your question!I am sorry to learn of the circumstances you've described. Please clarify: what is your actual question that you'd like assistance with? What information are you seeking from JustAnswer?
I just want all the photos off this website, but if that doesn't work I'd like to know who owns the photos based on the circumstance. The person taking the photo was not paid and the photos taken of all involved did not agree for them to be posted anywhere. The photos were intended for personally use only and that was conveyed before the first picture was taken. The person taking the photos is in question is not the owner of the Facebook site nor did they convey or express that any photos taken during this private photo shoot to be used anywhere by anyone posting to the internet. The photo's were taken by a minor, my step daughter of which her mom, my wife appears in the photo. these photos were intended for our private use. Based on this information what are my options to protect my wife and stepdaughter? The following link are the photos of someone who published these photos without any consent and they do not hold the copyright for these photos. http://www.facebook.com/SeizedMotions
Thank you for the follow-up.As a general matter, the person who took the photos owns the photos and controls how they are used.The subject/persons in the photos have no legal rights over the photos.This concept is explained by the U.S. Copyright Office at: http://www.copyright.gov/help/faq/faq-fairuse.html#copyingSo, you can ask the person to remove the photos. You can contact FB to have the photos removed if the photos violate their terms of use of the FB site.However, just because you appear in the photos, that does not give you independent legal rights as to how the photos will be used.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
JB, Thanks for your response. I have two questions.1. Are there no expectations of privacy in my own home? The photos in question were taken by my stepdaughter during a friends photo shoot in my home. 2. Since my stepdaughter actually took this photo based on your response she owns these photos?
Thank you for the follow-up.There is an expectation of privacy in the home but not given these facts. The expectation of privacy is that, for example, your neighbor or a stranger on the street cannot (while outdoors) point a camera into your home and take photos.However, there is no expectation of privacy as to what allowed occupants will do inside one's home (that's because the person was allowed in). Once the person is allowed in, the expectation of privacy dissolves.And, yes, your step-daughter owns the photos. She took the images. They are hers.I have to tell you, FB and Twitter have made me far, far, far more cautious about family/friends wanting to taking candid photos because you just never know where it will end up. Your question reaffirms my concern.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.