A recent example of a photographic image being misappropriated from a personal Facebook page led to one of our own lawyers being asked for comment by the New Zealand Herald. 

In an article appearing on 17 March 2009 the newspaper considered the rights of a person  whose photo had been used without his permission on another commercial website.

The following is quoted from the article …

“Copyright expert Kirsten Ferguson, a senior solicitor at Rainey Collins Lawyers, said the issue of internet user rights to intellectual property was usually dependent on the underlying terms of use for each website.”

Kirsten says that if you are concerned about the personal information or photos that you place on websites being used without your consent you need to take particular care to understand the underlying terms and conditions of the website before posting such material.  If in doubt, obtain professional advice so that you ensure you understand your rights.