Explicit Photos Posted Without Consent

[Stanley25]

What is the name of your state? Michigan

So...I have an Odd issue that is embarrassing to post, but I am going to ask.

And before you read on, yes this was beyond stupid on my part. I completely regret this, feel horrible about this, and have no idea why I was so stupid to even do this.

Recently I had found some amateur photos via a p2p network which I had downloaded. I eventually reposted them on a newsgroup.... I don't know why, but I did repost them.

Anyway, sometime after doing so I received e-mails from my newsgroup provider about copyright infringement over these pictures. What's worse, and totally stupid on my part for reposting them...is that the file names did include this woman's name and city she lived in.
They didn't have an address, phone number, or e-mail or anything... but regardless they had some personal information with them which is what will probably make this even worse for me.

What I'm wondering is what could I face over these if it was taken to court? I'm not totally sure that it is, but I know the supposed owner of these pictures did report these posts. Maybe they just wanted to attempt to have them removed...but I fear the worst.

Again, I know this was horrible and stupid....and I regret it. But I would like to know what the laws are regarding a situation like this.

 

[quincy]

This is a copyright issue and not really a defamation issue, from what I understand, right?

With copyright, it IS infringement to "publish" someone else's photos without permission. The most that will probably happen is that you will be asked to remove the photos and to never post them again. The worst that could happen is that you will be sued for infringement.

With a copyright, the copyright owner is entitled to file a federal court suit against anyone who, without permission, makes copies of the work, makes deriatives from the work, distributes the work, displays the work, or, in the case of plays, etc., performs the work.

All the photographer would have to prove is that the copying occurred without permission. Defenses for infringement include that the work was independently created by you without knowledge of the copyrighted work, your use was a fair use of the work, or that you obtained permission - none of which will fly in your case.

There are several actions a court can take should you be found guilty of infringement - issue a restraining order, award monetary damages (actual losses suffered by the photographer as a result of your publication of the work and any profits you may have realized), or collect statutory damages if the work was registered in a timely fashion. Statutory damages may be from $750 to $30,000 per infringement, although an "innocent infringer" may have to pay only as little as $200. Damages awarded, in other words, can vary.