Pictures of people on website

[zazak]

http://www.somethingawful.com/d/cliff-yablonski/cliff-yablonski-horrible.php?page=4

This website takes images of people and adds humorous captions making fun of them. Due to the nature of the website, I'm fairly sure they do not get the permission of the people in the images. Are there any legal liabilities in doing this? I think it's safe from defamation because it's a humor site, but I would think the images would be protected by copyright.

Taking it further, would taking pictures sent through email correspondence and posting them on a website be violating any laws? Invasion of privacy, perhaps?

Many thanks,
-zazak

 

[Michael Wechsler]

This website takes images of people and adds humorous captions making fun of them. Due to the nature of the website, I'm fairly sure they do not get the permission of the people in the images. Are there any legal liabilities in doing this? I think it's safe from defamation because it's a humor site, but I would think the images would be protected by copyright.

Taking it further, would taking pictures sent through email correspondence and posting them on a website be violating any laws? Invasion of privacy, perhaps?

There are two issues here. One, do the people posting the photos own the photos? Second, assuming the people posting the photos took them and own them, do the people in the picture have rights against having a photo used in a manner they never intended.

Dealing with the second question first, there could be privacy and publicity issues besides the question of who owns the photos. This is a murky area in the law and it varies from state to state. I wouldn't be surprised if we begin to see more laws enacted in the near future to deal with the new issues created by the new technology made available by the Internet.

Regarding the first question, I think you are alluding to the "fair use" exceptions and perhaps questioning what "parody" means. I like using a practical approach to the law which, for the most part, is enacted for logical reasons. It's common sense that you can't use an entire script that someone else authored, add in a few jokes, and then call it fair use. Spoofs like Scary Movie mock some famous scenes and that's where it begins and ends. Taking a photo that doesn't belong to you is like taking the entire movie and claiming that your one joke parody suddenly makes this an exception to the rule. Doesn't feel right does it? Well, the fair use exception doesn't extend that far.

As an FYI, most user generated content web site stretch the limits of the law and the ability of others to prosecute. Just because its being done doesn't mean it's lawful. Look at what's happening with YouTube. Google seems to have pushed Viacom into filing a test case that will determine the future of UGC. Just remember this - (a) you need to run your business within safe harbor provisions of law, and (b) you're not Google and if you end up infuriating the wrong person, you may end up funding your own defense.

I can't tell you for sure but I've helped frame the issues so that hopefully you've got a little better understanding of what we're talking about.