Recently, ABC News ran a news article highlighting Disney star Vanessa Hudgens and her attempts to censor nude photos of herself that have spread online. Reputation.com CEO Michael Fertik was quoted in the piece explaining how intellectual property law, and not privacy law, is Hudgens’ best chance at removing the photos.

From the article:

“If the blog itself, or the owner of the blog, posts a photograph that it doesn’t own, they’re violating somebody’s ownership,” said Scott L. Vernick, a partner with Fox Rothschild LLP and an expert in intellectual property law. “When you post something on a blog as Jane Q. Citizen, then the onus is on you, not on the blog, and the law can prosecute you.”

What’s more, blogs hosting Hudgens’ photos are guilty of using her likeness for commercial purpose — few things boost a site’s traffic and ad revenue like a batch of semi-nude photos — without her permission.

“Separate from the issues associated with copyright law, you’re not allowed to use someone’s picture for commercial purpose without their permission and use it to make money,” Vernick said.

[...]

“The law currently gives a billion percent immunity to let Web sites behave as badly as they want to,” explained Michael Fertik, CEO of Reputation.com, an online reputation management and privacy company. “Only when the copyright owner comes along does the site have to back down. If by chance you took the picture, you win.” 

As we discussed previously at the Reputation.com Blog with regard to the Erin Andrew voyeurism case, there is little legal recourse for individuals who have their privacy violated online. It is unfortunate that the only way individuals can be legally protected from having private material spread online is if they are the ones who authored the content.

While the law is slowly beginning to catch up with technology, we are still a long way away from having the necessary legal framework in place to protect identity online. In the meantime, it is important for all individuals to take a proactive stance in managing how they appear online.