What should I do this man doesn't want to bring down a picture of me containing pornography in Facebook? 18 Answers as of December 19, 2013I have reported it and he always uploads it again. I am getting tired of asking him nicely to take it down. I don't know what to do. He tagged me in it and my friends and family see it. Please help. There's got to be something I can do.
Roe Law Firm | Theodore M. Roe
This depends on who owns the copyright to this photo. Did you sign a release when you modeled for it? Did you sign a work for hire agreement? If you did not sign anything you may have a claim against him for copyright infringement. The penalties for this can be severe.
Answer Applies to: Oregon
Lawyer for Indie Media | Sue Basko
You need to go after the person, not just the picture. Take screen shots of everything so you have evidence. Report his account to Facebook. Report him to the FBI and your local police. Set your Facebook settings so you cannot be tagged in anything without your permission, or so you cannot be tagged at all. Also, if you are able, contact a lawyer and have the lawyer work on this, too. If you are under 18, this man is creating and distributing child pornography. If you are over 18, he may be creating and distributing obscenity. Illinois also has a law that makes it illegal to post anyone's name or identifying information on any site that has obscenity. That law may work for you. There is also the Illinois Cyberstalking law, which prohibits him from posting about you, when you don't want that. Don't sit tight, thinking he might stop. He won't and it will most likely get worse. In my experience, the only thing that works with such people is for them to be arrested. You deserve to be treated with dignity and respect, so you must pursue this.
Answer Applies to: Illinois
Sebby Law Office | Jayne Sebby
You can contact his internet service provider and complain. You can also contact law enforcement and file a complaint. And you can hire an attorney to send a cease and desist letter to him, followed by a law suit if he doesn't cooperate.
Answer Applies to: Nebraska
Lawyer for Independent Media | Sue Basko
First, go to your social network site settings and make it so that you review and approve each item in which you are tagged before it is posted. Second, opt out of tagging on photos altogether. Third, flag the media again, but also go to his account page and file a complaint about it. If there is any space to write anything, write that he is posting this repeatedly. Next, file a complaint against him on IC3( dot )gov and also on the FBI tip site, which you can find by searching "FBI tips" on the internet. Next, go to your local police department and file a complaint against him. There are state laws and federal laws against what he is doing. It may take some persistence to get the police to do their job. But before you do any of this, be sure to get screen shots of the photo and of it on the social networking site, download the photo as evidence, make a record of the address of his social network site account, and collect any other evidence. Another thing you may consider is contacting his family to tell them what he is doing. You may want to have your parents or a lawyer do this. His adult family members or parents may be able to get him to stop.
Answer Applies to: California
Kelaher Law Offices, P.A. | James P Kelaher
Hire a lawyer to write him a letter by certified mail, return receipt requested, giving him 10 days (or whatever number you want) to take the picture down or you will sue him. If he doesn't take it down, get that lawyer to file a lawsuit against him. You might also try to contact whoever runs facebook and file a formal complaint with that organization.
Answer Applies to: Florida
Peters Law, PLLC | Mark T. Peters, Sr.
I suppose you could sue him and try and get an injunction. The problem is how did he get the photos? Was it voluntary on your part originally? If so, it may be very difficult to get the injunction. Regardless, if you really want to do something about this, you need to talk with an attorney in the jurisdiction where he lives and see what the possibility of pursuing him may be.
Answer Applies to: Idaho
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
How did he get the pornography? Once people put stuff out into cyberspace, there is NO reasonable expectation of privacy. Having said that, that still does not permit some jerk to be a bigger jerk. If you know where he lives, you could sue him for infliction of mental distress.
Answer Applies to: Michigan