A snippet from my article in The Atlantic, Our Best Weapon Against Revenge Porn: Copyright Law?:
“When On The Media’s Bob Garfield asked Hunter Moore whether IsAnyoneUp violated copyright laws, Moore offered this ridiculous gem of a reply:
“[B]ut when you take a picture of yourself in the mirror, it was intended for somebody else so, actually, the person you sent the picture to actually owns that picture, because it was intended as a gift. So whatever the—that person does with the picture, you don’t even own the nude picture of yourself anymore … So that’s how I’m protected.”
Moore is dead wrong.
More than 80 percent of revenge porn photos are selfies, meaning that, as the “authors” of their selfies, the majority of victims own the copyright in their photos. Victims can use the takedown provisions Digital Millennium Copyright Act (“DMCA”) to de-index websites with their photos from search engines like Google and ask the websites themselves to remove the photos, all without having to hire a lawyer.”
My student Note, Using Copyright to Combat Revenge Porn, explores the connection in more depth.