Hi, I need a definite answer if its ok or not. I keep getting mixed answers.
There is this site, cheaterville , it allows posters to post a cheater that they know along with a profile picture of the cheater, but the site mentions that the postings should be truthful, truth in posting.
If you browse the site, there are tons of cheaters posted and I'm wondering if the posters that have posted them are using their own copyright pictures or ones that they've just randomly found. Is there a catch or something? How come all of these cheaters haven't ordered the site to take down their pictures if they didn't give permission to the poster to use them ? Because they definitely don't want their photo to be on that site..
If the pictures don't belong to the poster, can the exposed cheater that had their picture posted sue them ?
Hi, anons.
I think I answered some of your questions over on another site where you posted, but I mostly was correcting misinformation that had been posted about copyrights. I'll see if I can address your questions better here.
First, it is generally legal for a site like the cheaters site to exist. The host of a website like cheaters can escape liability over the content on the website by not contributing to what is posted on the site and by not encouraging the posting of any illegal material. They merely host the content provided by others.
This immunity from liability, given a webhost under the Communications Decency Act, Section 230,* is not an
absolute immunity. The site
could potentially be sued, along with whoever posted/created/contributed the content, if the site can be seen as encouraging the posting of illegal content or contributing to the creation of illegal content.
Generally, however, it would be the poster/contributor/creator of the content who would be the target (the defendant) in any lawsuit filed over the content.
Those who own the copyrights in the photographs that are posted on the site without their permission (generally this will be the photographer who took the photo) can file a DMCA takedown notice* with the webhost to have their copyrighted photographs removed from the site.
The copyright holder can also sue the poster of the photograph for copyright infringement - but, realistically, an infringement suit, if the photograph was not already registered, is too costly for most people to consider. Without statutory damages available for infringed material that has been registered in a timely fashion, any damages awarded (for profits/losses) would (in most cases) not warrant the very high costs of suing.
If the webhost wants to avoid being held contributorially liable for copyright infringement, the webhost will remove the photograph, contact the contributor of the material to advise of the DMCA notice, and the contributor can file a counternotice to have the photograph returned to its place online. If a counternotice is filed, and the photographer does not file suit against the contributor at that time, the photograph will be returned to its place online (or not - it depends on the webhost).
The DMCA notice is the easiest way to handle the photograph's removal from the site. If it doesn't work, the photographer will need a court order to get the photograph removed.
Anyone who is pictured on the cheaters site probably has a legal cause of action against whomever it was who contributed their photo and identifying information to the site.
The use of the image could
potentially give rise to an invasion of privacy/false light suit, if the placement of the photo and identifying information and any text puts the person pictured in a false light (implies something about the person that is not true). In addition, if there is untruthful text included with the picture, a defamation action might be something that can be considered, depending on what is written.
The reason the photographs, and any text included about the people pictured, remains online, despite the wishes of the people featured, could be because lawsuits can be costly. If the contributors are anonymous, it takes time and money to identify them so a suit can proceed against them. If the contributors reside in states different than those pictured, it increases the costs of any legal action. If a person does not have an awful lot of money to throw at a lawsuit (think thousands and thousands and thousands of dollars), they are often limited in what they can do. Many may be unable to do anything.
If
you are pictured on the cheaters site, I suggest the DMCA notice as a first step, to get the photograph removed. This you can do (or the photographer can do) without the help of an attorney. For any lawsuit, you will want to speak with an attorney in your area to go over the possible options you may have.
Good luck.
*Communications Decency Act, Section 230 - see
http://www.dmlp.org/legal-guide/immunity-online-publishers-under-communications-decency-act
*DMCA Takedown Notice and Procedure - see
http://www.copyright.gov/legislation/dmca.pdf
