Boro

iTrader: (1)

Not ScoobyNet (thankfully)

Hi guys, im looking for a bit of advice on the legality of images displayed on the internet.

Over the last 12 months ive taken/stored pictures of a member of my forum and things have been fine for that period. However, last night i was given an ultimatum. Remove ALL pics of the member and the members car or face legal action.

I dont have a problem doing this but would appreciate any advice from a legal standpoint. Theres no way im going to have time to remove them within the 24hour timescale :-/ as it will probably take days to sift through every image and delete those requested.

All the pictures were taken taken by me with consent.

Any advice would be greatly appreciated.

Thanks

Boro

Buckrogers

As far as I know if the pictures were taken by you they are yours to do what you want with them. No one else has any "right" to tell you what to do with them as you own the copyright.

HTH

Buck

Jamo

iTrader: (23)

yeah but as the beckhams say thats a image of them, you dont own them, whose wedding was it that the sun/mirror? got hold of pics they got sued for millions didnt they? because theysold the rights to their wedding? same thing really.

jamo

Boro

iTrader: (1)

The main difference i think, if i understand you correctly, is that the images i used were taken with permission and it hasnt been a problem until now. Hope that clarifies things a little more.

Brendan Hughes

1. Images taken with permission, or displayed with permission? There's a difference. I hope you mean displayed.

2. EU e-commerce directive says an ISP is not liable for publishing illegal content PROVIDED that once notified, they act expeditiously to remove it. That's talking about a prosecutable criminal offence. In your case, you're probably talking about a civil action - surely not so serious. My point its, I'd think that if they're allowed reasonable time to delete illegal stuff, you should surely be allowed reasonable time to delete contentious (but not illegal) stuff.

Might be wrong, of course...

Geezer

As I understand it, you can take pictures of whatever or whoever you want, there is nothing in the law to stop you doing this.

However, publishing those photos without consent is an entirely diffferent matter. When you take a photograph, you own the copyright on it, and are free to do with it whatever you wish. But if the subject of the photo does not wish it to be published, they can stop you. It's a bit of a conflict to say the least.

I would speak to a solictor for a true clarification of where you stand, as most of the opinions expressed here will probably be innaccurate (mine included!) in some aspect.

You don't want to take any chances when there is a chance of being sued.

Geezer

Boro

iTrader: (1)

Thanks guys. I really dont mind removing them but it really is going to take longer than the 24hrs i was given.

Just to clarify further, i had both permission to take and display the images at the time but it seems the permission to display has been revoked. I wasnt sure whether that would make a difference.

Leslie

Probably the safest thing is to remove them and I think you can expect him to be reasonable and accept that it is impossible to remove them within the timescale he has ordered. I would tell him that officially and ask if there are any particular pictures he wants removed first.

Les

paulr

Are you sure?
Newspapers publish photo's every day that the subject does not wish to be published.

Brendan Hughes

As he says - they CAN stop you. Sometimes. Naomi Campbell, Prince Harry, Blair's boy, etc etc. It depends.

paulr

NC..only after a long court case,which it was decided was not a precedent.
Harry...well not last night
Blairs kids,thats just an agreement between the press and tb.

paulr

If you REALLY dont want to remove them,tell him to s0d off.

(sorry to disagree Les)

Boro

iTrader: (1)

Does the fact i had permission to take them make any difference?

Jerome

I presume closing down the forum until you've had time to delete is not an option?

Boro

iTrader: (1)

The images are stored on fotopic, so closing the forum doesnt really resolve the problem unfortunately.

paulr

It should do.Personally i think you're worrying too much about this.What is his reason for wanting them removed?if they are only normal pics i very much doubt he will sue you,the time money,effort etc.

Tell him you will take them down when time permits,then give him an estimate,say within two weeks/one month.

SiDHEaD

Nothing useful to say except what a pendantic **** this 3rd party is !!