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Is it illegal to post an already posted photo of someone and compare it to someone else in a negative light?

I do a weekly blog and this weeks topic is "Things that don't bother me but perhaps should." One of the items I'd like to cover is how one of my ex-girlfriends (Now a lesbian) looks almost exactly like Dean Winchester from the CW show Supernatural. I want to post a photo of her (taken from her facebook, that she herself posted) and line it up next to a photo of Jensen Ackles who plays Dean on the show.

Now I know posting photos of people without permission is illegal, but given she entered the photo into a public domain and the semi-harmless nature of my statement (although we're not really on good terms) I was wondering if I could squeak by without having the law come down on me with the wrath of a thousand suns.

Thanks for any info you provide!

Update:

Thanks for the quick replies - What if I blocked out her eyes? like those censor bars going across that you see in videos and such. But still leaving her nose, mouth and the rest of her head seen. The important part of the photo is the hair/shirt/stance/watch/nose/mouth

12 Answers

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  • ?
    Lv 5
    1 decade ago
    Favorite Answer

    Posting a photo of someone without their permission is not necessarily illegal. However, the problem you run into is that you do not own the copyright to the photo that you wish to post.

    It hardly matters if it's in the public domain or not. There are many protected photographs in the public domain.

    Amazon.com even puts lots of content from copyrighted works in the public domain so that people can read sections. This does not negate the copyright protection that the work enjoys.

    In any case, you probably wouldn't get in any trouble over something like this. But technically speaking, it would be illegal.

    Remember also; defamation is not illegal. People don't seem to understand that. Saying that Michael Jackson did drugs is defamatory. Saying that Madoff was a criminal is defamatory. Where you get into trouble is if you post untrue defamation. If something is untrue and defamatory, then it can be illegal if exposed to X number of people or the subject suffers a financial loss due to the lie. Otherwise, defamation is perfectly legal.

  • Anonymous
    5 years ago

    Wow! Not sure how to respond to this one but please pardon me for saying that your husband is a sleaze and is not going to change. I have in the past received such treasures from my wife but never in my most drunken stupor would I even consider sharing them with anyone else at all. I'm sorry if I seem offensive in this but officer or not your husband needs professional help. He is not going to stop! I would think violated is an understatement. I personally would be furious. I don't see you personally being able to change him. From your account he has lied to you at least twice. It's gonna happen again unless you do something about it. I reiterate, he needs professional help and even then it will probably take quite some time for any positive results. It is after all an addiction. You need to decide just how much you are willing to put up with. Consider your options. Divorce is drastic especially if there are children involved but it could come to that. After a one year deployment he has probably developed a taste or need for this stuff and it could easily get worse. Are you sure there are no web cams secreted around the house? Again, sorry if I seem offensive I don't mean to be but this is serious. Good luck to you in this.

  • 1 decade ago

    Using a photo without permission is illegal, even if that photo was taken from a public place. I would at least credit facebook.

  • 1 decade ago

    There is a way to make it legal by making the photo go directly to her facebook. Or even saying

    Source: blablabla

    The important thing is for people to know the photo is open on facebook, if there is any legal problems, it will be with facebook, not you.

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  • 1 decade ago

    its sketchy. If shes smart she could get you for defamation of character for comparing her in a negative way, she could say you were stalking her by going where you got the photo. Either one of those should she get a win she could get you for pain and suffering along with any losses suffered (embarrassment, job loss, friend loss etc) Im not accusing you of any of those things im just saying what she could do and how you could potentially get in trouble. The fact that your an ex would not go well for you in court. I would suggest moving on and making fun of a celebrity..

  • Anonymous
    1 decade ago

    I would assume no. Once you post a photo on the internet I guess your photo becomes fair game to all. Otherwise she wouldn't put it on the web. But if she is never going to see the blog then go for it!

  • Well, you really should ask her permission, but if you can't get it, just make sure that it's not inappropriate and don't post her exact name. Also, if she reads your blog, you really have to ask her permission. If she doesn't, I think you're in the clear (as long as she doesn't find out!)

  • 1 decade ago

    I think youre allowed to do that. I mean Perez Hilton does it all the time. Just if she finds out, be prepared for the consequences I guess.

  • 1 decade ago

    Its possible to maybe get you for "slander". And that can lead to damages if a lawyer spins it right

  • Anonymous
    1 decade ago

    it isnt illegal or the cops would come round ur house ffs. they can just sew u.

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