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a!!!!1

Junior Member
What is the name of your state? Texas

I started a website last week called "Hot Facebook Girls," it was set up like a blog and anyone could register and upload stuff. Each post was basically just a girl's name and a bunch of pictures of her. In the disclaimer I stated that you can only upload pictures of either yourself or someone who you have received permission from to upload their pictures, although a lot of users disregarded this and just uploaded pictures of random girls from Myspace/Facebook/Google Images/etc without the girls' knowledge.

Although this wasn't the direction I had originally planned for the site, the fact that people were "stealing" girls' pictures meant that there were a lot more posts which led to a lot more traffic and a lot more advertising revenue. Obviously unethical but since it was making a lot more money I decided I didn't really care and I just turned a blind eye.

After awhile some of the girls found out and complained (there was a "report" feature under each post that basically said we'd immediately take down any post that was reported) and I decided to shut the site down. I asked a friend if it's actually illegal and he said it might be defamation, although I'm not sure it is because they were just using pictures, not saying anything bad/untrue about the girls, and the pictures used were already publicly available by the girls putting them on their Myspace profiles and such.

So I'm wondering, is a site like that actually illegal? If it is, would I as the site owner be responsible for what other people upload to the site? Thanks.What is the name of your state?
 


divgradcurl

Senior Member
Posting pictures of people is unlikely to be defamatory (although there may be privacy issues in limited cases), but clearly there are copyright issues involved. Without permission from the copyright owner, posting (or hosting) a picture is copyright infringement. If you want to have some protection form copyright infringement actions, you need to carefully read 17 USC 512 and make sure that you respond appropriately to any takedown notices you might receive.
 

a!!!!1

Junior Member
Thanks, I just looked through it. It sounds like it's fine so long as I'm not really involved and I take down posts that are reported. I'm not a lawyer though so I don't really understand all of it, is that the basic idea or is there anything else I need to know?
 

The Occultist

Senior Member
Read up on DMCA and make sure you stay compliant with those guidelines. Nothing can ultimately protect you from being taken to court if somebody were that hotheaded, but there are ways to mitigate any liability on your part.
 

FlyingRon

Senior Member
Also expect trademark action from the Facebook That's what that letter from Heller and Ehrman will be.
 

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