Pics Posted Online

[AleaAndrea]

A couple years ago, a girl I was seeing, who was also a model at the time, wanted to me to take pictures of her in various outfits. There were 2 photoshoots that produced nearly a thousand pictures. Some nude. Majority of them clothed. She used the pics for her online modeling profile and even Facebook. She even sent some to a graphic designer to have them retouched. I used a couple of them for my photography profile. She also sent me nude pics often. I moved to Colorado and she continued to send me pictures of herself nude. She even sent them to other men she knew. She said she loved "showing off" and would like more people to see her best pics as long as her name was not attached to the photos anywhere. I posted them on a couple low traffic sites where people would occasionally comment on them. I would tell her what people said and she'd get a kick out of that. Bottom line, I posted a mix of pics I took of her and pics she sent to me. I never once used her name. She contacted me recently via mail to say she had been alerted to her images on porn sites and threatened legal and criminal action if I didn't stop posting pictures of her and make an attempt to remove the ones I had posted. I deleted all her pics from my computer/storage, removed them from all sites I posted them on, and even removed them or tried to remove them from other sites that people have posted them to. The only issue is people have posted them to other sites that are difficult to remove them from. I've contacted the admins and they're offering 2 options: I use DMCA takedown notices for every single post or I have her contact them and provide a copy of her ID. I don't want her to be miserable so I'm willing to help remove any images I can. At some point, I would have to work with her (or at least tell her how to) to get them removed from certain sites but I don't want to incite anything by contacting her via phone or email since she sent an official letter to begin with. I would like to know the following:

1. Am I criminally or legally liable for anything?
2. Do I respond to her officially and convey my compliance or just do as she asked and not distribute the images again?

Thanks!

 

[army judge]

1. Am I criminally or legally liable for anything?

Only a court can determine your civil or criminal liability.
That said, only a court can order you to take them down.

If, on the other hand, you don't have her signed release to post the pictures, why not just do what's right?
What if someone did the same thing to your mother, sister, brother, father, and someone you love and value?
What if it were done to you?

2. Do I respond to her officially and convey my compliance or just do as she asked and not distribute the images again?

If you do respond, you can simply say, they were all taken down.
If I were you, I'd ask each website involved to take them down (in writing).
To effectuate that, I'd hire an attorney to do it.
If that's cost prohibitive, I'd do it, and hire an attorney to write her aletter telling her its bene done.
The problem with that statement is that NOTHING is ever cleansed from the internet, even when it has been removed.
Why?
Sites such as these:

http://archive.org/web/

http://howto.wired.com/wiki/Find_Lost_Web_Pages

http://www.coralcdn.org/

https://archive.org/

One last thought, don't ever do that again.
It seems to always bite people over time, and its just not wise.

 

[AleaAndrea]

I completely agree. I don't disagree with doing "what's right." I'm trying my hardest to do "what's right." I have made a ton of attempts to remove the pics from the site they have recently been posted to. In fact, I have done a reverse images search and contacted every single site I found and asked them to take them down. What I want to know is this: she sends me a letter officially requesting I stop distributing them and I make an attempt to get them removed from other sites. I've done exactly that. I have fully complied and have exceeded what was officially asked of me. Even if I do everything you say, does she have grounds for criminal charges even though I have fully complied? Do I have any protections at all? Also, this might be a dumb question but what kind of lawyer/practice do I look for to handle this situation? I mainly see family law, divorce, and personal injury law in my phone book. Thanks!

 

[army judge]

I completely agree. I don't disagree with doing "what's right." I'm trying my hardest to do "what's right." I have made a ton of attempts to remove the pics from the site they have recently been posted to. In fact, I have done a reverse images search and contacted every single site I found and asked them to take them down. What I want to know is this: she sends me a letter officially requesting I stop distributing them and I make an attempt to get them removed from other sites. I've done exactly that. I have fully complied and have exceeded what was officially asked of me. Even if I do everything you say, does she have grounds for criminal charges even though I have fully complied? Do I have any protections at all? Also, this might be a dumb question but what kind of lawyer/practice do I look for to handle this situation? I mainly see family law, divorce, and personal injury law in my phone book. Thanks!

Just talk to any local lawyer.
They can get you pointed in the right direction, and even refer you if necessary.
Talk to three or four, and you normally receive the first consultation free of charge.

I think you've done all you can do.
Frankly, she'd need proof that YOU posted them to any porn sites.
I doubt that's possible without shelling out big bucks.
Eventually, its your word against hers, and you've done what you can.
Anyone can scrape a picture from one site, Photoshop it or use Paint, and post it to any other site.
It happens every day.

Who knows how they ended up on porn sites?
HINT: If someone knows, they had best keep such knowledge to themselves.
If she sues, you defend.
A lawyer letter isn't a royal command or a court order.
You are free to ignore any lawyer letter.
Many of mine have been ignored over the years. LOL

 

[AleaAndrea]

Ha! I like your last comment. Actually, the letter wasn't from a lawyer. She and her boyfriend wrote it and threatened criminal charges in it. Thanks so much for you responses!

 

[army judge]

Ha! I like your last comment. Actually, the letter wasn't from a lawyer. She and her boyfriend wrote it and threatened criminal charges in it. Thanks so much for you responses!

LOL, people always hold one sweet tidbit back. Good on you. LOL
Anyway, put her and her new squeeze on BLOCK.
Take care.

 

[AleaAndrea]

LOL, people always hold one sweet tidbit back. Good on you. LOL
Anyway, put her and her new squeeze on BLOCK.
Take care.

Judge, sorry to bug you but I wanted to give you an update and ask one last question. I scoured the net and removed everything I ever posted. I fully complied with her request to "stop the distribution and make an attempt to remove them from sites I posted them on." Everything I ever touched is gone, and then some. The only thing out there now is a couple pics someone reposted to a different site. I did not post them. I contacted the site admin and asked how I could get them taken down. He said she could take a pic of herself holding a sign saying "that's me in those pics. Please remove them." He said I could also submit a DMCA notice as the copyright owner but those things can be a PITA. I'm pretty sure she knows they're on this other site. I could contact her and let her know how to get them removed but I don't feel like I could do that since she made things "official" by mailing her demands in a letter. I wouldn't know whether to email her or if having a lawyer do it would make her go on the offensive make her want to sue. The bad thing about some of these sites is some posters get off on "exposing" women by posting their real names and the cities they live in. Therefore, I am truly interested in doing what's right here but she escalated it so quickly that I feel like it removed the option for us to work together to get them taken down. She didn't request a response but I kinda feel like I need to give confirmation if for no other reason than to say, "hey, I've done what you asked. Let me know anything else I can help with." I'm willing to help her and her new squeeze get them down but I have a feeling they would tell me to go F myself. If I do nothing else, is it reasonable to think I've been compliant and have met her demands to cease and desist? Do I need to take any other actions to prove my compliance to prevent any further letters or action from her?

Thanks again for your time and advice. Thank you.

 

[army judge]

Judge, sorry to bug you but I wanted to give you an update and ask one last question. I scoured the net and removed everything I ever posted. I fully complied with her request to "stop the distribution and make an attempt to remove them from sites I posted them on." Everything I ever touched is gone, and then some. The only thing out there now is a couple pics someone reposted to a different site. I did not post them. I contacted the site admin and asked how I could get them taken down. He said she could take a pic of herself holding a sign saying "that's me in those pics. Please remove them." He said I could also submit a DMCA notice as the copyright owner but those things can be a PITA. I'm pretty sure she knows they're on this other site. I could contact her and let her know how to get them removed but I don't feel like I could do that since she made things "official" by mailing her demands in a letter. I wouldn't know whether to email her or if having a lawyer do it would make her go on the offensive make her want to sue. The bad thing about some of these sites is some posters get off on "exposing" women by posting their real names and the cities they live in. Therefore, I am truly interested in doing what's right here but she escalated it so quickly that I feel like it removed the option for us to work together to get them taken down. She didn't request a response but I kinda feel like I need to give confirmation if for no other reason than to say, "hey, I've done what you asked. Let me know anything else I can help with." I'm willing to help her and her new squeeze get them down but I have a feeling they would tell me to go F myself. If I do nothing else, is it reasonable to think I've been compliant and have met her demands to cease and desist? Do I need to take any other actions to prove my compliance to prevent any further letters or action from her?

Thanks again for your time and advice. Thank you.

You could hire a lawyer to respond to the original letter Team Naughty Girl and Boyfriend Protector sent you.
The lawyer would raft the letter, but inform them of the things you've done to correct things to their satisfaction.
If they then chose to sue, which I doubt, you've been proactive in reducing any liability you may have had.
One thing to consider is that all of the pictures posted weren't done at your behest or by your hand.
One could argue, as the female site owner said, there's no true way to prove who posted any of these pictures.
In fact, some anonymous trouble make could have hacked you and obtained them, setting a chain of unfortunate events.

Why not visit two or three local lawyers and ask them for some legal advice?
The initial consultation is often given free of charge or further obligation.
Again, that shows your appreciation for the seriousness of the matter, and your willingness to cooperate to make things better.

I think the beast has been calmed, and your actions are commendable.
As Annie sings, "the sun'll come out tomorrow".