Here's something you probably don't want fixed in a
tangible medium of expression: revenge porn.
Twenty-five-year-old Hunter Moore is the creator of the website
Is Anyone Up (www.isanyoneup.com). In essence, here's how
revenge porn works: Remember those naked pictures you took of
yourself and sent to a very close friend with the explicit
instruction or implicit assumption that the images would remain
private? Well, just make sure you don't give your friend cause
to become a former friend. If you did, your former friend may
already have sent those pictures anonymously to Mr. Moore. Upon
receipt, Mr. Moore will post them on his increasingly popular
website, along with a helpful link to your actual Facebook page,
just in case there was any doubt the pictures were of you.
Here's why we're interested: In a recent episode of
NPR's On the Media, Bob Garfield interviewed Moore, who explained why he
believes he is immune to legal action. Part of the conversation
went like this:
"HUNTER MOORE: . . . And then also with
the copyright issue, you know, a lot of people are sending me DMCA
requests and –
BOB GARFIELD: They say, I own this photo, you
have no right to display it; please take it down.
HUNTER MOORE: Yes, but when you take a picture
of yourself in the mirror, it was intended for somebody else, so
actually, the person you sent the picture to actually owns that
picture because it was intended as a gift. So whatever the - that
person does with the picture, you don't even own the nude
picture of yourself anymore."
Is that correct? No way. With a few exceptions with respect to
works made for hire, the copyright in a
photograph subsists with the person who takes the photograph. Once
the photograph is distributed, copyright law makes a distinction between on the one hand the object
itself (which the new owner can sell or give away under the first sale doctrine), and on the other hand
the rights to further reproduce or publish that image (which rights
generally can only be transferred in writing).
So, it is true that you probably can't use copyright law to
stop your former friend from giving, say, a printout of your nude
self-portrait away, and as a practical matter it is very difficult
to stop your former friend from emailing that picture around.
However, you may be able to use copyright law to stop Mr. Moore
from publishing that image on-line. At the risk of incurring the
wrath of the revenge porn industry, Mr. Moore appears to have
learned copyright law from the same place he learned to respect
other people's privacy.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Join NECEC— the premier voice of businesses building a world-class clean energy hub in the Northeast—and Foley Hoag’s Energy and Cleantech practice for a not-to-be-missed discussion with offshore wind developers, leading public officials, investors and experts at the cutting edge of the Northeast’s emerging offshore wind market.
After decades of speculation about offshore wind’s future in the United States, the industry that has long powered grids in Europe has finally arrived in the Northeast. In the last year America’s first offshore wind project--off the coast of Rhode Island--started spinning and delivering power to the grid, Massachusetts Governor Charlie Baker signed into law a bill authorizing the procurement of 1,600 megawatts of offshore wind, and New York Governor Andrew Cuomo committed to 2,400 megawatts of offshore wind off the coast of New York by 2030. Meanwhile, major utilities have announced agreements with developers to purchase energy generated from the projects planned for the eastern seaboard.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).