Posting Pictures and Letters Online

[redsprintphone]

This "woman" had an affair with my husband 3 years ago. Since then we have been going at it on Facebook. No names, but I know she looks at my profile so I say things about her and she says things about me on hers. While they were together, she and my husband took intimate picture. I found out that when they broke up he gave her the pics. Now she has cropped and blackened faces so you couldn't see who is in the pictures, and posted them on facebook. Facebook removed the pictures. Also, she has been posting love letters her sent her. There are never names and unless you know his handwriting you wouldn't know he wrote them. Since he gave them to her do they belong to her? Can she post them without his consent? I know they showed their intimate pictures to other people while they were together but can she post them online? Even if theres nothing identifying who they are? I KNOW and it pi$$es me off. She also posts public records about my family and my legal troubles online. She didnt remove my name on one so I know it was me. Can you put screenshots of public records online like that? It seems like an invastion of privacy! Like I said, I say horrible things about her on my facebook but I never use her name.

[Mr. Knowitall]

As you were told when you posted, laws vary by state. You chose not to follow the instruction to identify your state, so we cannot address your state's laws.

Arguably, the identity of the person who took the photographs could play a role in whether she has a right to republish them. The photographer has a copyright claim. However, I very much doubt that the damages your husband might recover (if he has a copyright claim) would justify the cost of copyright litigation. Similarly, if he were to try to claim a copyright violation for his love letters it would be difficult to establish that he suffered economic harm from their publication - they have no market value.

In terms of whether the conduct might constitute unlawful harassment, or even cyberstalking-type behavior, you will need to check your state's statutes to see if they would reach this type of conduct. If your husband wishes, he can consider making a police report. Note that publicity may result from a police report or prosecution, and that can be more embarrassing than having somebody occasionally post pictures or letters that are identifiable only by you and your spouse. Note also that your conduct toward her will likely become an issue, even if you and she are both deleting most identifying information.

Her posting accurate information about you is not defamation. Whether or not your state has privacy laws that might apply is not something I can answer; most states do not. See also the prior comments about cyberstalking.

[redsprintphone]

As you were told when you posted, laws vary by state. You chose not to follow the instruction to identify your state, so we cannot address your state's laws.

Arguably, the identity of the person who took the photographs could play a role in whether she has a right to republish them. The photographer has a copyright claim. However, I very much doubt that the damages your husband might recover (if he has a copyright claim) would justify the cost of copyright litigation. Similarly, if he were to try to claim a copyright violation for his love letters it would be difficult to establish that he suffered economic harm from their publication - they have no market value.

In terms of whether the conduct might constitute unlawful harassment, or even cyberstalking-type behavior, you will need to check your state's statutes to see if they would reach this type of conduct. If your husband wishes, he can consider making a police report. Note that publicity may result from a police report or prosecution, and that can be more embarrassing than having somebody occasionally post pictures or letters that are identifiable only by you and your spouse. Note also that your conduct toward her will likely become an issue, even if you and she are both deleting most identifying information.

Her posting accurate information about you is not defamation. Whether or not your state has privacy laws that might apply is not something I can answer; most states do not. See also the prior comments about cyberstalking.

Sorry. Missed the "name your state part." We live in Ohio. The photos were set on a timer so I don't know who has the copyright! It was her camera so I don't know how that works. I also found out that emails I sent to her, which weren't very nice, has also been posted online. Again, she blackened out my name and such but they are personal emails. When you send one does it become the property of the person receiving it?? She is saying horrible things about me and my family and my husband. I want to file a civil lawsuit for emotional distress. I mean, I KNOW she is talking about me even if no ones else does and I don't like it. I mean, I know I've been mean too, like saying on my facebook that her family is full of child molesters and drug addicts, but I don't say HER name so she can't say I'm talking about her!

[AlexMartin]

Hi redsprintphone,

You don't need to name your state. It really doesn't make any difference on this forum.

"Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship." (expertlaw admin)

In fact, it may be against the law for people who attempt to pass themselves off as legal professionals, even when the fine print says they are not.

[jk]

if redsrpintphone wants any information that might require the state be disclosed, she would have to provide the state. I do not see anybody here claiming to be an attorney. That doesn't mean they are not well educated or informed about the situation.


redsprintphone:

your emails might be considered to be harassment and as such, could cause you to be facing criminal charges. Stop communicating with the woman.

I mean, I know I've been mean too, like saying on my facebook that her family is full of child molesters and drug addicts, but I don't say HER name so she can't say I'm talking about her!

Um, you are really really wrong here. If anybody can reasonably figure out who you are speaking of, yes, it is actionable defamation. Given your relationship with her, I suspect it can easily be determined of whom you are speaking.

You need to just stop communicating with this woman. Be an adult and move on with life.

[aardvarc]

No one is attempting to pass themselves off as anything. But if posters want either laypersons OR professionals to give commentary (which is NOT the same as legal ADVICE) with value, the laws of the state in question most certainly ARE relevent to the discussion, and the quality of the answers directly proportional.