Can I post images of photos of eHarmony matches on the internet without repercussion? Or violates copyright? 12 Answers as of January 09, 2014

eHarmony does not accept any copyrighted images. Therefore, can I post images of photos of eHarmony matches on the internet without repercussion? Another way to ask it - eHarmony sends me pictures of potentially dateable matches. Can I post pictures of these dudes on the internet without violating any ownership or copyright rules?

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Roe Law Firm
Roe Law Firm | Theodore M. Roe
When someone takes a photo they own the copyright created when the photo is created. eHarmony may also have an interest in those photos, pursuant to their terms and conditions. Liability of willful infringement of a registered copyright can be up to $150,000 per violation.
Answer Applies to: Oregon
Replied: 1/9/2014
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
NO! FIRST EACH STATE HAS DIFFERENT PERSONAL PRIVACY LAWS THAT HAVE TO BE CONSIDERED. SECOND, ALL PHOTOGRAPHS ARE COPYRIGHTED REGARDLESS OF WHETHER THEY HAVE BEEN FEDERALLY REGISTERED OR NOT SINCE 1978.
Answer Applies to: Oregon
Replied: 12/26/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
The images provide to eHarmony may not be copyright protected, but once the images are within the possession of eHarmony, eHarmony may alter the images where they become the possession of eHarmony. Further, eHarmony may require the people who send images to eHarmony require the senders to indemnify eHarmony from use of the pictures. When you copy the pictures the indemnity does not transfer to others. You should receive permission from both eHarmony and the people that submit the images.
Answer Applies to: California
Replied: 12/24/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
No. All images are protected automatically by copyright. Moreover, the persons who appear in the photos have rights of publicity which you would violate upon publication.
Answer Applies to: New York
Replied: 12/24/2013
Lawyer for Independent Media
Lawyer for Independent Media | Sue Basko
You most likely misunderstand the eHarmony Terms of Service. All original, creative works in the U.S. have copyright inherent upon being put into tangible form. When a site like eHarmony requests photos, they are asking for photos that the user has cleared for usage and upon which no copyright claim will be made against eHarmony. If you were to post the photos, you would most likely be violating the copyrights of eHarmony as well as of the owners of the copyrights of the photos, the rights of publicity and privacy of those shown in the photos, and the Computer Fraud and Abuse Act by egregiously violating the Terms of Service of the eHarmony site.
Answer Applies to: California
Replied: 12/24/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    What are you really asking? What is your goal?
    Answer Applies to: Georgia
    Replied: 12/26/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Copyright infringement.
    Answer Applies to: Nevada
    Replied: 12/26/2013
    Law Office of Alan W. Cannon | Alan W Cannon
    If the images are not copyrighted then you can post them.
    Answer Applies to: California
    Replied: 12/23/2013
    Banner & Witcoff, Ltd. | Ernie Linek
    No - you would need permission from eHarmony. The fact that they do not accept copyrighted images has no bearing on the issue. It simply means that, for example - professional photographs - where there may be a copyright claim by the photographer - cannot be used on the site. When photos are sent to eHarmony - the sender agrees that the photo can be used by the site. Then, when eHarmony creates a "group" of photographs - they have in essence created a "new work" and they own the copyright.
    Answer Applies to: Massachusetts
    Replied: 12/23/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    No, you can not repost eHarmony pictures without the explicit written permission of the company or the owner of the copyright on the photos. I imagine that, when eHarmony states that it doesn't accept copyrighted photos, it means photos taken by a professional photographer who retains the copyright on the image.
    Answer Applies to: Nebraska
    Replied: 12/23/2013
    Brown & Michaels PC | Michael F. Brown
    eHarmony does not accept any copyrighted images. ... Can I post pictures of these dudes on the internet without violating any ownership or copyright rules? No. It isn't true that eHarmony "does not accept copyrighted images" - any image which was created since 1978 is under copyright protection, and the copyright belongs to whoever took the picture, and that copyright exists automatically as soon as the picture is taken. There's no need for anyone do to anything to "copyright" them. While it is possible that some pictures on eHarmony are more than 35 years old, it's unlikely. Therefore it's best to assume that they are all created after 1978, and therefore under copyright. Whether or not eHarmony themselves claim any copyright in the image is irrelevant - you are still violating the photographer's copyright if you re-post the images because you are (a) copying the image; and (b) publicly distributing copies of the image.
    Answer Applies to: New York
    Replied: 12/23/2013
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