My ex distributed a picture, i'm sure you've heard this a thousand times...

[SamanthaHasA?]

What is the name of your state (only U.S. law)? NY

I know this is awfully cliche, but I can't seem to find a situation that shares the same specifics as mine among the various "my ex is sending out my nudes" to take an answer from. So I decided I'd post it myself.

I was dating a guy, he took pictures of me. We are both of age, there's no issue there. At the time, yes I consented to the pictures being taken - but never to them being distributed. After the fact, I regretted the pictures like most do, I asked him to get rid of them. He told me he would delete them and he was only going to keep a few (ones which were not provocative). All was well and good until things ended. Lo and behold - the pictures resurfaced when a 3rd party (his friend who he had sent them to) mass mailed them over the internet to people I know, people I don't know... Basically anyone with an email account. Along with the pictures is a very graphic story about the days events. Now. Is there any legal issue here at all? Like I said, I did not give him consent to distribute them, he told me he would delete them, I didn't see a reason to push the issue because of course, who foresees this happening?

I'm just not sure if there's any grounds to do anything - or if I basically just have to suck it up and move on. Any advice would be helpful.

I forgot to mention the fact that the 3rd party was actually the one who mass mailed the pictures out. Is that person at all responsible for anything?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? NY

I know this is awfully cliche, but I can't seem to find a situation that shares the same specifics as mine among the various "my ex is sending out my nudes" to take an answer from. So I decided I'd post it myself.

I was dating a guy, he took pictures of me. We are both of age, there's no issue there. At the time, yes I consented to the pictures being taken - but never to them being distributed. After the fact, I regretted the pictures like most do, I asked him to get rid of them. He told me he would delete them and he was only going to keep a few (ones which were not provocative). All was well and good until things ended. Lo and behold - the pictures resurfaced when a 3rd party (his friend who he had sent them to) mass mailed them over the internet to people I know, people I don't know... Basically anyone with an email account. Along with the pictures is a very graphic story about the days events. Now. Is there any legal issue here at all? Like I said, I did not give him consent to distribute them, he told me he would delete them, I didn't see a reason to push the issue because of course, who foresees this happening?

I'm just not sure if there's any grounds to do anything - or if I basically just have to suck it up and move on. Any advice would be helpful.

He took the picture, they are his.

no grounds to do anything.

anyone could have forseen this happining.

 

[Proserpina]

What is the name of your state (only U.S. law)? NY

I know this is awfully cliche, but I can't seem to find a situation that shares the same specifics as mine among the various "my ex is sending out my nudes" to take an answer from. So I decided I'd post it myself.

I was dating a guy, he took pictures of me. We are both of age, there's no issue there. At the time, yes I consented to the pictures being taken - but never to them being distributed. After the fact, I regretted the pictures like most do, I asked him to get rid of them. He told me he would delete them and he was only going to keep a few (ones which were not provocative). All was well and good until things ended. Lo and behold - the pictures resurfaced when a 3rd party (his friend who he had sent them to) mass mailed them over the internet to people I know, people I don't know... Basically anyone with an email account. Along with the pictures is a very graphic story about the days events. Now. Is there any legal issue here at all? Like I said, I did not give him consent to distribute them, he told me he would delete them, I didn't see a reason to push the issue because of course, who foresees this happening?

I'm just not sure if there's any grounds to do anything - or if I basically just have to suck it up and move on. Any advice would be helpful.

Please wait for quincy to stop by; he's absolutely wonderful with these types of situations (and more).

I do believe from reading quincy's past posts that you may actually have a cause of action for invasion of privacy.

I'd certainly be wondering if a cease and desist letter, sent by an attorney, might do the trick although it won't help what's already happened.

 

[Proserpina]

He took the picture, they are his.

no grounds to do anything.

anyone could have forseen this happining.

I am not so sure about this.

Hence, I'd prefer to leave this one to our expert...and if you read the post, it's actually a third party who also has distributed the pictures.

Not just the ex.

 

[You Are Guilty]

Unless you have a lot of spare money laying around, ($10k+ would be a good start), then no, there's not really much you can do... legally.

 

[quincy]

I disagree with Banned_Princess. A person who takes photos may own the copyrights in the photos but the photographer does not own the rights to distribute or publish the photos, without a written release from the model he photographed. A written release can be especially important when the photos that are taken are nude shots.

I agree with You Are Guilty that the costs involved in any legal suit can be prohibitively expensive for an average wage-earner to handle, but the damages that can be awarded in a suit that has merit are often worth the initial costs that must be invested. An attorney's review of the facts can help determine at the outset if a suit stands to be worthwhile pursuing financially.

And I also agree with Proserpina - especially with the part where she says I am absolutely wonderful.

Samantha, I have one question for you, the answer to which may make a difference in what legal options are available to you: You live in New York, but does the ex-boyfriend and his friend also live in New York? If not, what state(s) do they reside in?

New York does not recognize most invasion of privacy actions (IF I remember correctly a long ago discussion with YAG on this. . . didn't IT involve nude photos, as well? ). But there is still the potential for a successful defamation action, depending of course on a review of what exactly was sent in the mass emailing (the graphic story and the photos). If successful, a defamation action could include not only an award of damages for the reputational injury caused by what was written in the email, but also for the reputational injury caused by the invasion-of-privacy-distribution of the nude photos.

Depending on the state of residence information, then, you can potentially sue the third party friend for defamation, for invasion of privacy, and for the unauthorized distribution and publication of your photo (to which he did not have the rights), and you can potentially sue your ex-boyfriend for defamation and the unauthorized distribution and publication of your photo without written consent from you to do so. In addition, an harassment complaint can be filed with the police against either or both. Under New York's Penal Law, Chapter 40, Part Three, Title N, §240.26, the emailing of the photos could be seen as harassment in the 2nd degree. Also, depending on the types of photos that were sent, the emailing of them to others may violate an obscenity law or be a computer crime (these last two are afterthoughts, and I will check them out more thoroughly to see if they can apply).

A copy of the email that was sent by the friend, that included the "graphic story" and the photos, should be reviewed by an attorney in your area. It could be helpful to have a list of those people who received the email, as well. It is the graphic story that could be what most supports any defamation lawsuit. Although a cease and desist letter, as Proserpina suggested, is a possibility that can be considered and it could potentially prevent any more emails from being sent by your ex's friend, it will not undo the injury that has already resulted.

Again, discuss your options with an attorney in your area, after the attorney has had a chance to review the material that was distributed.

Good luck.

 

[You Are Guilty]

Can she sue? Undoubtedly. Given a few lucky rolls of the dice, she may even have better odds than not of winning. But as a practical matter, unless she is prepared to first pay a lot of money to a lawyer, then enjoy having her nude photos and reputation dissected over the course of the next few years (do you how fun her deposition would be for the defendants' attorney? The few questions you can't ask in a "regular" case are now gone), to get to trial and put her life on display for 8 more people, only to maybe get a verdict, and maybe get a judgment, which, more than likely, will be uncollectable. There is a reason these suits are extraordinarily rare.

So if none of this phases the OP, then by all means, go speak to a few lawyers and see what they peg your odds at.



@Quincy - If I had to guess, I think we were discussing NY's statutory right of publicity for someone whose nekkid pics were being used on some porno site. (Which reminds me, I never told the OP she can send you the photos for a free evaluation )

 

[quincy]

How about I review the graphic story to determine its defamatory nature and you, YAG, can review the photos. . . . . .not sure exactly why you would need to review the photos, but I am sure you can come up with a good legitimate and (potentially) legal reason to do so.

These legal actions are not all that rare, by the way, and they are becoming increasingly common as time goes on and as internet communication law evolves. A defamation suit that involves emails is really no different than a defamation suit that arises from false statements made to others offline. There are even, perhaps, more attorneys willing to take on email, Facebook, YouTube and Twitter cases right now because, one, there are still areas of internet law that could use court clarification and, two, the cases can be intriguing.

As for collectable damages (should Samantha decide to sue and should Samantha win her suit), her attorney would look into not only the merits of the case but also would look into the current (and future potential) financial status of the ex-boyfriend and his friend, to determine if a suit would be financially beneficial (to both Samantha and, of course, to the attorney ) prior to recommending the initiation of any suit.

Two other areas that have been explored in "naked photo distribution" cases, by the way, involve contract law (breach of an implied contract whereby it is understood that the photos will remain private) and intentional infliction of emotional distress (see Peterson v Moldofsky, No 07-2603, 2009 WL 3126229 (D. Kan. Sept. 29, 2009). The court in the Peterson case said that emailing naked sex photos to the ex-girlfriend's mom was "outrageous" and satisfied the element of IIED that requires conduct to be "so shocking as to give rise to an inference of severe emotional distress." Actual and punitive damages were awarded in this case.

There are definitely possibilities here, in other words. An attorney in Samantha's area can go over them all, should she decide to pursue this matter further.

 

[QueenofEngland]

If you want to sue this guy, you and he had better be rich. It would be an expensive battle, and your chance of getting any money if you win would be remote. You'd also be keeping the pictures as the center of attention for quite some time. If you want people to forget about this, then ignore it all. If anyone says something, ignore it and continue the previous conversation as if they hadn't been mentioned.

 

[quincy]

Geez almightly, Q of E. Did you just get your very first computer or something?

 

[proud_parent]

Geez almightly, Q of E. Did you just get your very first computer or something?

I ♥ quincy.

 

[Shadowbunny]

I thought the QoE was working on her QoO** crown....

**Queen of the Obvious.

 

[proud_parent]

i thought the qoe was working on her qoo** crown....

**queen of the obvious.

q.e.d.