Posting photos on the internet

[accused]

My ex girlfriend and I had taken some photographs, including some sexual content which we put on a web page. She is now threatening to sue me for having them posted. The photos were taken with her consent, so I suppose my question is,... can she actually sue me for having her pictures posted to a private web site?

 

[Michael Wechsler]

I might think that she can. Perform a search on the "red kimono" and "Wal Mart" here and you'll find a post that discusses a Minnesota case where pictures were provided to Wal Mart for development and their posting was considered unlawful under a special privacy right tort that has now become acceptable in the state. There are several issues here and I might make an argument for copyright infringement, e.g. publication rights.

My ex girlfriend and I had taken some photographs, including some sexual content which we put on a web page. She is now threatening to sue me for having them posted. The photos were taken with her consent, so I suppose my question is,... can she actually sue me for having her pictures posted to a private web site?

 

[NYClex]

what do you mean with "we put..." ? Was it you or was it her and you? Even if she agreed to you taking the pictures, that does not mean that she agreed to you posting them on the web. As the professor already said, this would be considered an invasion of privacy. But of course, if she consented to it, then you have a defense.