<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Kelseyblue:
I am 18 years old and a senior in high school. Recently the senior boys have taken a dislike to me and are trying to humiliate me. While we were in Cancun for Senior Trip(while I was still 17) They took a picture of me(without my consent) with my top off. They promised they would never show anyone, but now since they hate me so much, they are going to put it on the internet. Isn't that illegal and how can I stop them?<HR></BLOCKQUOTE>
My response:
Forget Small Claims Court. SM Courts DO NOT have the jurisdiction (authority) to order "specific performance" (to turn over the photos and negs to you) or issue an injunction (to stop the defendant from posting the photos to the internet). SM courts only have the authority to order money damages - - that's it. By going to SM court, there is no guarantee that the defendant will never post the photos to the Internet. You would need to file an action in a court of General Jurisdiction, and one that can make "equity" orders; not merely money judgments. In California, for example, that would be called the Superior Court (although in New York, it's called the Supreme Court - - despite that name, however, there are higher courts of the same name; e.g., United States "Supreme" Court).
Now, the issue of whether or not they had "permission" to take your photograph in the first place is a "dead" issue. You knew, or should and could have known, that on this Cancun trip, people would have cameras and that some of those cameras would be pointed at you - - especially when in the hands of a guy, and when you decide to pull your top up to expose your breasts. The issue is not whether these would be considered pornography - - that would be difficult to prove if the defendant claims "artistic" license, which is protected. If you don't believe me, go to your nearest Art Museum and take a look at all the photos, statues, paintings, etc., depicting nude children. They had a right to take your photos and keep them for private use. So, that's a dead issue.
The only issue would be whether or not they had your written permission; e.g., "model's release", to post your nude photos on the Web.
If they, in fact, post them to the Web, you can then sue them for having used your "likeness" without permission, and damages for public embarrassment, and an injunction to make them take the photos down, plus specific performance to turn all originals, copies, and negs of the photos over to you.
They can take the photos, they can privately view the photos, but they can't publicly embarrass you, UNLESS YOU GIVE YOUR CONSENT, which is usually followed by a payment of money.
IAAL
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