Free At Last Posted January 3, 2006 Posted January 3, 2006 Hello... About a year and a half ago I met this girl, we started hooking up in the bedroom only on a kind of regular basis. We did this for about a month or so. When I realized I wasn't really that interested in persuing anything further, I ended it. She wasn't happy about it, as she liked me a lot, but it was over, right? Six months later I was invited to a party and one of the links in the email was for a popular club dj in our city. Visiting his site, I saw a link that looked interesting, so I followed it to discover a blog written by this girl I had been hooking up with. I read through some of the archives, and my jaw dropped to the floor to see photos of me that I had emailed her, along with a lot of writing about her experiences with me, how she felt, etc. Even how the sex was. Also she used my first name a lot, which is very unique, and well... I couldn't believe what I saw. There was nothing negative written, but jesus.. So I confronted her on msn about it, and she refused to do anything at first. Eventually she agreed to take down my photos. But my name and her intimate descriptions are still there. I was really upset, and she kept stroking that fire by saying horrible things to me.... She was definitely holding a grudge. Eventually I just blocked her and decided to forget about it. 'Who the cap fit, let them wear it' right? This week I googled myself just for fun, and the fact that her blog comes up when you type my name into google really really gets to me. I'm finding it hard to let it go... and on top of that, her website is linked to from other people in the community, and I know for certain that people who know me are still likely to stumble across the site and recognize me. Arghh. I don't get bitter easy, but I'm still bitter about this. Any suggestions of what I could do to get off her site??
Lucasarts Posted January 3, 2006 Posted January 3, 2006 try emailing to the moderators of the website and looking up the rules of conduct without your consent those photos i dont think can be displayed but i really dont know much about blogging
Yamaha Posted January 3, 2006 Posted January 3, 2006 Quit responding to her. Block her and stop visiting the site. It's hard to stay angry at someone if you have no contact.
AverageJoe Posted January 3, 2006 Posted January 3, 2006 try emailing to the moderators of the website and looking up the rules of conduct without your consent those photos i dont think can be displayed but i really dont know much about blogging She had his consent the moment he emailed them to her.
Nicholas Posted January 3, 2006 Posted January 3, 2006 She had his consent the moment he emailed them to her. That doesn't sound like sound legal advice. I'd see a lawyer and ask him what you can do about it. It sounds like it's a tricky case--but maybe even the threat of legal action would be enough for her to reconsider posting your name.
Author Free At Last Posted January 3, 2006 Author Posted January 3, 2006 I did write to the blog hosting company... they said that they 'don't get involved in personal disputes'
AverageJoe Posted January 3, 2006 Posted January 3, 2006 Unless you had the photos watermarked or copywrited, nothing you can do. Why the host wont get involved. No different than if I gave you a (real) photo of me and said, dont do anything malicious with it. Unless I had your sig on a contract. Now on the other hand, if you want to hire a lawyer at $200-400 and hour and argue your case in court, go for it. No, this is not legal advice.
Art_Critic Posted January 3, 2006 Posted January 3, 2006 First off you are wrong about the copyright of photos.. watermark or not means nothing.. you own the copyright of a phot at all times unless you sell the rights.. http://www.copyright.gov/ The other thing is if you read the OP post he said she took the photos down... End of photo issue To the OP: I think you should just let her be.. as soon as she moves on to find another FWB she will remove your stories and names.. The more you show her it bothers you the more determined she will be to leave the stories up
AverageJoe Posted January 3, 2006 Posted January 3, 2006 Art you should consult with the computer crimes division. =) Im sure they will jump all over this.
Art_Critic Posted January 3, 2006 Posted January 3, 2006 I'm in advertisng/photogrpahy and have been for over 20 years.. I am well versed on the copyrights of photos.. I myself hold 3 trademarks and have over 10 registered copyrights of photos.. Some of which you would recogonize if you saw them
AverageJoe Posted January 3, 2006 Posted January 3, 2006 Yes and there is a reason you created and hold those tradmarks. You just didnt email them over to some girl. The OP did, and he didnt take the measures you did. =)
Fun2BMe Posted January 3, 2006 Posted January 3, 2006 Why don't you start a blog on the same website using her name, stating how bad the sex with her was and that she was so bitter at you for dumping her ass that she won't let go of your memories together or remove you from her blog despite your request. Don't use your name, maybe an initial so she knows it's from you and email the link to her.
Art_Critic Posted January 3, 2006 Posted January 3, 2006 Yes and there is a reason you created and hold those tradmarks. You just didnt email them over to some girl. The OP did, and he didnt take the measures you did. =) You don't have to register them to own the copyright.. in order to receive damages from the use you have to have them registered. The moment a photo is taken the photographer owns the copyright unless he sells the permanant rights to that photo. Besides... she already took the photos down
Fun2BMe Posted January 3, 2006 Posted January 3, 2006 The moment a photo is taken the photographer owns the copyright unless he sells the permanant rights to that photo. That's why tabloids can print photos of celebrities against their wish - but from what I know, as long as the picture is taken while the person is in public. On the other hand, some TV shows blur out people in the background, not sure why if it is legal to use people as long as they are in public. (actually I take that back. We've all seen the pictures taken of Jennifer Aniston while she was sunbathing in her backyard). If I had any pics of her, I'd post them in your version of the blog, for at least the same amount of time she had yours posted up. If she takes down her blog, you'll take down yours.
Art_Critic Posted January 3, 2006 Posted January 3, 2006 That's why tabloids can print photos of celebrities against their wish - but from what I know, as long as the picture is taken while the person is in public. Model releases are a whole other story.. A celebrity's face is considered public domain when they are in the public. model releases are not needed because of this..
AverageJoe Posted January 3, 2006 Posted January 3, 2006 You don't have to register them to own the copyright.. in order to receive damages from the use you have to have them registered. The moment a photo is taken the photographer owns the copyright unless he sells the permanant rights to that photo. Besides... she already took the photos down They were not coerced from him. And it was not put on imperfect notice, by emailing those picures, they were not put in safe harbor. The pics were given, not taken. =) Again, take the advice above and hire a lawyer, fork over the bucks. Otherwise I like the other advice, start your own blog and rock it!
Blackard Posted January 3, 2006 Posted January 3, 2006 I did write to the blog hosting company... they said that they 'don't get involved in personal disputes' Want to end it? Two ways. Pay fifty bucks and have a lawyer send her a form letter demonstrating "damage" and mentioning "restitution". ...or, create your own blog, feature her, write a novel, send her a link.
Blackard Posted January 3, 2006 Posted January 3, 2006 Model releases are a whole other story.. A celebrity's face is considered public domain when they are in the public. model releases are not needed because of this.. Exactly. We are talking private photo's here, not a snapshot taken in public. She did not take these pictures as a photo journalist may. ...and it is not really the posting of the photos that was in question. It was the use of the photos as a means of damaging this particular person. A photo posted on a web page is a far different situation then one used to identify an individual in a slanderous way.
loony Posted January 3, 2006 Posted January 3, 2006 You are not allowed to put up pictures of people on your website without their consent, copyright whatever or not. If you want to do everything legally correctly you have to ask the people for permission when you put up pictures of them. Celebrities are a different case.
justagirliegirl Posted January 3, 2006 Posted January 3, 2006 I had something like this happen to me before. I contacted their isp and they made them remove the pic. I do like the idea of making a "special" blog just for them!
itwontdawnsooner Posted January 3, 2006 Posted January 3, 2006 if ignoring it is just not an option for you (not being judgmental if it isnt, im sure its not fun to google your name and find that stuff if its embarassing/offensive), id do it the legal way and i wouldnt post a revenge blog because that might make your "case" less solid. if you talk to a lawyer and they feel its a lost cause, you have no choice but to ignore it and put it out of your mind because if the blog site wont take it down and she wont, the more you ask her the more she'll enjoy saying no.
ms_jnj Posted January 3, 2006 Posted January 3, 2006 Yeah, this might be hurtful to you but...it's her blog and she can write what she likes and post whatever pics she likes as long as they aren't copyrighted. That's the internet age for you. Unfortunately I think she was hoping you would see them and get pissed off and you did, which was her intent. She wanted to see you rip roaring mad and accomplished that goal -- now there is probably little chance she will take those photos down because she knows they get to you. The more you ignore them the more likely they will be taken down. Might be too late to hope for that though.
clandestinidad Posted January 3, 2006 Posted January 3, 2006 hahaha, lishy! I dont know why we're talking about his photos, b/c she already took them off. I dont know what you can do about your name being in her blog, though. Its just your first name, I'm assuming, so I dont think anything is illegal about that. Now if she used your first and last, then you could sue her for slander/libel.......but I dont think you can based on only your first name.
Lishy Posted January 3, 2006 Posted January 3, 2006 I would be nice to her or she may change it and say you have a little winkle and you last 30 seconds! She could say whatever she wants - Imagine your work friends reading of how you like to dress in her pink tutu and lacy thong and how you shout "Yeeehaaaaaaaaaa, giddy up cowboy" when you cum!
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