Xavier,
We are finally finished. I just wanted to take the time to say, "thank you" for being a great partner! It was very interesting how we both composed the body of the paper and our ideas were on the same track, but we both brought different points of view to the paper. I really appreciate your cooperation, and am glad that this is behind us! You have been a pleasure to work with and I have enjoyed going through the process of building the paper with you as we texted and emailed back and forth to edit and finalize the paper.
and then select Report/Block
The father was awarded custody based on evidence that the child’s mother had been drinking – something her psychiatrists warned could adversely interfere with her medication. The mother argued that since she did not give permission to upload or tag the Facebook photos of her, they shouldn’t have been admissible.
The court disagreed:
There is nothing within the law that requires [one's] permission when someone takes a picture and posts it on a Facebook page. There is nothing that requires [one's] permission when she [is] “tagged” or identified as a person in those pictures.It appears that protesting the use of a photo as evidence because it was uploaded and tagged by someone else is not a valid claim, at least in the US. That being said, it would be unwise to overstate the court’s conclusion.
“Some instances of tagging might be part of something actionable,” said Evan Brown, a Chicago internet law attorney. “For example, the posting and tagging of photos in the right context might constitute harassment, infliction of emotional distress, or invasion of privacy. Use of another’s photo on the web without permission for commercial purposes might violate that person’s right of publicity. And of course there is the question of copyright as to the uploading of the photo in the first place — if the person appearing in the photo owns the copyright (e.g., it’s a self-portrait) there is the risk of infringement. But it’s interesting to see the court appear to validate ordinary tagging.”
Facebook is increasingly being used as legal testimony. Earlier this month I wrote about how the social network is the unrivaled leader for online divorce evidence with 66 percent citing it as the primary source, according to the American Academy of Matrimonial Lawyers.
