Lawyer explains what you can do if someone misuses your photos - WAFB 9 News Baton Rouge, Louisiana News, Weather, Sports

Lawyer explains what you can do if someone misuses your photos

Attorney X explains your photo rights. Source: WBRC video Attorney X explains your photo rights. Source: WBRC video
BIRMINGHAM, AL (WBRC) -

After a recent photo controversy at the University of Alabama, we turned to Birmingham attorney to talk about your photo rights.

On Monday, it was revealed that a University of Alabama Chi Omega sorority sister posted a Snapchat photo with a racial slur.

One of the questions raised in the situation is whether the two other women in the photo knew how that photo would be represented. And it's an issue we all must face if a picture we take or share online is misused at a later date.

"The first thing you do is you need to demand a retraction," said attorney Ken Riley. "Need to demand that person set the record straight."

Riley said if the person who took and posted a malicious photo refuses to address the situation, then you could possibly sue them.

"A potential claim for defamation of character may be available to the two girls if they truly weren't aware that this other girl was posting things that just weren't true," said Riley.

But Riley also said the law doesn't really afford a lot of protection for you.

"There are some things such as defamation of character remedies like that, but at the end of the day they're very tough to prove, very tough to win," he said.

He says this is a perfect example of how taking those popular selfies can be risky.

"Be careful who you hang out with, be careful who you get your pictures made with," said Riley.

We spoke to some Birmingham residents about what they would do.

"I would have to say something to the individual," said Cynthia Jackson. "I would ask them to take it down, it possibly may be the end of a friendship as well."

That student who allegedly posted the picture and caption could also be in trouble with the University.

We are not aware if the other two women in the picture received any type of punishment, or if they even knew how that picture would apparently be used.

Copyright 2014 WBRC. All rights reserved.

Powered by Frankly