Can a media outline like the smh.com.au use a photo that has…

Has the media outlet already used the photo? or have you found out they plan to use it?

We have to assume that the media outlet obtained the photo from one of your Facebook friends, as your privacy settings are enabled.

If that is the case, then copyright is the area to focus on as they have not obtained permission to use the image.

If they did obtain the image in some other way, then breach of privacy then becomes an additional area to focus on.

I assume you are not a politician or public figure who would expect their photo to be used in the media... please confirm..

There is a process to request the "takedown" of an image from the internet, requires the issue of a takedown notice to the ISP (Internet Service Provider) who is hosting the website containing the image.

Kind regards, James

Most US websites require that your takedown notice complies with the Digital Millennium Copyright Act (DMCA) Infringement Notification process.

The website Scribd.com provides an good explanation of how to submit a DMCA takedown notice as well as a template http://support.scribd.com/forums/33939/entries/25581

When issuing a takedown notice, your notification must include:

• sufficient information to enable the individual or organisation to identify the copyrighted work that is the subject of the claimed infringement, or, if multiple copyrighted works are involved, a representative list of such works;
• information reasonably sufficient to permit the individual or organisation notified to locate and access such material;
• information reasonably sufficient to permit the individual or organisation notified to contact you - such as your name, address, telephone number and email address;
• An indication of whether you are the owner of the content, or if someone is acting on your behalf. Details of all parties must be supplied including the relationship between them;
• An indication of what law (including country) is being transgressed.

In some cases, it may be offense to issue a takedown notice if there has been no infringement, if you are unsure whether or not an infringement has occurred, you should seek independent legal advice.

If the person or organisation to which you issued the takedown notice does not respond, you should seek independent legal advice.