Q: Can I get into legal trouble for using a picture of my ex and I as a blog header?
Hey! So June of 2018 I posted a blog post about an old relationship I had. As the cover photo I used a picture of my ex and I (prom). I never used his name or etc. I recently was contacted by his wife freaking out about the picture that’s been up for over a year now. Can i legally get in trouble if I don’t change it?
I just moved to Florida but the blog was posted while I was living in Missouri/Illinois.
A:
There is always risk and the devil is in the details. However, there are a couple of issues to consider:
1. Who took the picture? That is the copyright owner. Your use may depend on having the right to use the picture for this purpose. You would likely argue that the photo is subject to the fair use defense. https://www.traverselegal.com/blog/cease-and-desist-letter-dos-and-donts-a-copyright-attorneys-perspective/
2. Use of someone's name and likeness can create legal issues. Does the blog have a commercial purpose, sidebar ads, etc? https://www.traverselegal.com/blog/what-is-right-of-publicity/
3. I am assuming there is no nudity. Beware revenge porn issues. https://www.traverselegal.com/blog/revenge-porn-laws-by-state/
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