Legal to post someone's picture w/out their consent?

[joy515]

What is the name of your state? Tampa, FL

Ok I will make this as detailed as possible, I had started dating someone at my work. Needless to say I ended it and that's it. Well this person has posted up pictures on a social networking site of me and him when we were dating without my consent. Now I have read the terms and agreement on this social networking site and it does state the below. I have asked him to remove the pictures and he simply wont do it. Is this something that I can definitely pursue the legal way if I have too. Not to mention it has caused great tention at my job and I don't want to lose it just because someone doesn't know how to let something go. I have thought about going to management as I cannot deal with a hostile work environment. Should I threaten the person with a suit if they don't take the pictures down?

Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MySpace Services. MySpace.com reserves the right to investigate and take appropriate legal action against anyone who, in MySpace.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the MySpace Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MySpace.com:
# includes a photograph of another person that you have posted without that person's consent; or

 

[Just Blue]

What is the content of the pic's?

 

[joy515]

regarding content of pics

the pics are of me and him posing at a club and a trip we had taken to southbeach. no nudity involved.

 

[seniorjudge]

Are you damaged by these pics?

Were they taken with your consent?

 

[las365]

I have thought about going to management as I cannot deal with a hostile work environment.

It would be very foolish for you to involve your employer in this. No matter what tension there is between you and this guy at work, it is not an illegal "hostile work environment." Leave your employer out of this lest you find yourself without a job.

 

[joy515]

yes i am damaged i don't want those pics anywhere on the net. I gave consent to take them but not to POST them anywhere.

 

[joy515]

the reason i was going to get my employer involved is because he is bringing the drama to work. And i refuse to work somewhere where you feel like your being harrassed. I come in and he leaves candy bars on my desk when i have clearly made it very clear we are only coworkers at work and nothing further. He im's me at work thru WORK IM with stuff that is personal and i've aske dhim to stop doing that also. Therefore he is creating a hostile work environment. I feel like i am constantly harrassed with his behavior.

 

[quincy]

Were these photos taken by someone else, or were they time-delay photos taken by this guy?

Contact MySpace and have them delete the photos, since they violate MySpace terms of service. Also, if someone else took the photo of both of you together, this guy could be violating that person's copyright on the photo. If this is the case, let MySpace know this, as well.

Dating co-workers, as you have discovered, can lead to problems. But it is not the employer's fault. If it becomes unbearable working with this guy, perhaps you should start looking for another job.

 

[joy515]

the photos were taken by someone else and that person also stated they don't want the pictures on there. I have contacted myspace and am hoping that they will deal with the issue. Who knows with them they seem to get back to you when they feel like it and u can't call anyone over there. So i'm hoping they will address the issue.

Yes I have definitely learned my lesson i'm hoping a shift change will do the trick

Thanks for your advice.

 

[quincy]

Have the photographer contact MySpace, too, and say that the photo violates his/her copyright. Informing both MySpace and the harasser at work that the posting of the photo is copyright infringement may lead to a faster deletion of the photo.

Good luck.

 

[divgradcurl]

the reason i was going to get my employer involved is because he is bringing the drama to work. And i refuse to work somewhere where you feel like your being harrassed. I come in and he leaves candy bars on my desk when i have clearly made it very clear we are only coworkers at work and nothing further. He im's me at work thru WORK IM with stuff that is personal and i've aske dhim to stop doing that also. Therefore he is creating a hostile work environment. I feel like i am constantly harrassed with his behavior.

If all of this is happening, you definitely should speak with your HR department.