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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Someone has been posting my boyfriends pictures on their instagram.

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Someone has been posting my boyfriend's pictures on their instagram. They've been doing it for months. They are using his first name and claiming to be him. I've reported the account multiple times and nothing is getting done. I've contemplated calling the police but with my research I am stumped. Some websites I've gone to say it is identity theft while others say it is not. What should I do?

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Roger : Do you know the person doing this?
Customer:

I know a phone number for this person but I don't know who it is.

Roger : Ok. Thanks.
Roger : It may not be a criminal offense, but he could file a civil suit for fraud and possibly defamation if things are being done that portray him in a bad light.
Roger : If he were to file suit, he could issue a subpoena to the websites and phone company to find out who this person is and then pursue an injunction to stop this.
Customer:

We don't know why exactly this person is doing this. He isn't bashing my bf by any means...he's just acting like the pictures are him and they are not.

Customer:

The person doing this had an instagram account for months and then just the other day, it was deleted. Not sure if it was by him or by instagram. And last night another instagram popped up and we knew it was the same person. But that has now been deleted. We would just like it to stop. Could the police do anything?

Roger : It's not likely that the police would intervene in something like this.
Customer:

What would you suggest we do?

Roger : About the only thing you could do us file a civil suit as we discussed above and get a court order directing this person to stop.
Roger : If you get VHS
Roger : It you get this order, and the person continues, then contempt charges could be filed - which could result in jail time.
Customer:

I've also heard that anything that is posted on a social media site that isn't copyrighted is fair game to anyone.

Roger : Well, there's a common law copyright that attaches to any document, picture, etc. So there may be a copyright infringement claim out there, too.
Customer:

Ok. Thank you.

Roger : Hi - I see that the service was rated as poor- was that an error or is there a problem with the response?
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