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Ask NOT LEGAL ADVICE! Your Own Question
Category: Legal
Satisfied Customers: 2201
Experience:  Information provided is for entertainment puposes only and is NOT legal advice.
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Is it a crime to post someone elses photo ...

Customer Question

Is it a crime to post someone else's photo on an internet dating site profile? I created a "fictional" character using someone else's photo. There was no solicitation involved or other illegal activity. There was no corrospondence with anyone other than my husband whom I am separated from.
Submitted: 10 years ago.
Category: Legal
Expert:  NOT LEGAL ADVICE! replied 10 years ago.

Hello and welcome to Just Answer.

If you do not have permission to use the photograph from the copyright holder, you would be in violation of copyright laws. Aside from that, it is not illegal to post someone else's picture on a dating site without intent to defraud those with whom you are corresponding.

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Disclaimer: Any information given by me is for informational use only and is not legal advice. This is general information and is not intended to be specifically tailored to an individual. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. Persons accessing this response are encouraged to seek legal counsel in their jurisdiction for accurate guidance regarding their individual circumstances.

NOT LEGAL ADVICE! and 2 other Legal Specialists are ready to help you
Customer: replied 10 years ago.
Relist: I still need help.
Need clarification please. I used a fictional name to create a profile on this dating site, but used another woman's photo (one found on myspace). I'm assuming this photo would not be considered a copyright photo?
What is the legal definition of defraud? I'm also assuming this action on my part is not considered defrauding anyone.   
I had no intent to ask or receive anything of a financial or business nature. I only intended to hide my true identity to gain information from my husband for personal reasons only. There was only general correspondence.
Expert:  NOT LEGAL ADVICE! replied 10 years ago.

Yes, it would be a copyrighted photograph. If she were to run across her photograph, she could pursue civil action for copyright infringement. At a minimum, she could demand that the photograph is to be removed. And no, by corresponding with your husband in this manner is not illegal.


Customer: replied 10 years ago.
Thank you so much. I've already removed the profile (along with the photo of course) after only 2 days on the site.
Expert:  NOT LEGAL ADVICE! replied 10 years ago.

My pleasure. Best of luck to you.