"Rate my girlfriend" websites

[sam_r]

Someone mentioned one of these websites a while ago and was thinking what the legalities are with this...

Say on these sites you put a picture of your gf on there, (not that I would) apart from her probably killing you, where does the site stand with regards to the legal side? Could the gf sue?

[jamesuk28]

Technically if an individual can be uniquely identified, ie not just some obscure face in a crowd but a close in focus image, then that person should sign a model release form.

However that usually only applies to copyright issues. Think of your newspaper, joe bloggs pictured left was arrested yesterday for being a tosspot. Joe bloggs did not sign a release form i'll bet so not 100% sure on that one.

[sam_r]

Yes thats what I thought re newspapers etc.

Also if there was a legal issue could the site pass the buck to the individual that uploaded the photo??

Still unsure...

[jamesuk28]

The site will almost certainly have a disclaimer in their t&c's along the lines that the poster excepts full responsibility for all images and text submitted, they also have the express permission of the subject to post images and text. Or something like that.

Why is your girlfriend fit then? giz a leer, mean look.

[sam_r]

Oi - calm down now lol.

I havent got a 'girlfriend' Although have some good pictures. I'm not one to post stuff like that on forums....

I'm asking as a friend has got a great idea for a website. Its got things to do with this topic - a bit like 'hot or not . com' but different. Its unique also! (which helps lol)

Viewers will be 16-26 years olds, girls and boys but mainly boys.

So whats the verdict on these legal issues?

[jamesuk28]

I guess as long as you put in a water tight disclaimer, and make a reasonable effort to prevent abuse you should be OK, but speak to a lawyer.

Failing that register the company offshore and a bit of jiggery pokery with directors and if anyone sues you can vanish.

[sam_r]

Ill get him to finish writing up the idea and then pass it to a lawyer - you can never be too careful these days lol...

[Piglet]

I'd be concerned about defamation - cases go for big bucks and potentially the "publisher" is liabile. "Publication" can be held to take place wherever in the world the image/wording is downloaded potentially leave you open to lawsuits in some very expensive areas of the world.

Get good advice from a good Media/IP type lawyer....