February 11, 2013

Revenge Porn Websites & Copyright Infringement

If you are the victim of a posting on a revenge porn website, you're going to need a good web attorney to help you have the photograph removed.  Revenge porn websites have become very much the rage over the last 12-months.  Revenge porn typically occurs when someone posts a nude or naked photograph of their boyfriend or girlfriend on one of these revenge porn websites, an act which is often motivated by ill will. 

How do you remove a naked or provocative picture of yourself from one of these revenge porn websites?  There are a variety of different strategies both under copyright infringement law, the Digital Millennium Copyright Act (DMCA) and right to publicity, which could provide you leverage in removing a photograph of yourself from one of these websites.  Under copyright law, the person who takes the video or photograph is typically the copyright owner.  If someone took one of your photographs to which  you have copyright protection, you can send a Digital Millennium Copyright Act takedown notice from your copyright attorney to the revenge porn website in order to have it removed.  You also have a right to control how your likeness is used on the internet, especially commercial uses.  The right to publicity is often a legal theory used by attorney who are trying to remove revenge porn postings.  The first step, however, is to have your lawyer do a full analysis of your situation so that you don't make a wrong move out of the gate.  Identifying the appropriate legal strategy is the primary job of an experienced internet law attorney or website lawyer in handling a revenge porn website removal matter. 

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