Web Sites Sued For Commercial Use of Mugshots
A Toledo-based lawyer filed a class-action lawsuit in Ohio’s Lucas County Common Pleas Court against at least five web sites that charge individuals a fee to have their online mugshots removed, even if the individual was not found guilty or if the charges against them were dismissed.
The Toledo Blade reports the suit claims that more than 259,000 Ohioans have been cataloged on various mugshot web sites. The lawyer representing the two lead plaintiffs in the class action said that to remove a photo from these Web sites, an individual has to pay a fee.
Although charges against the suit’s lead plaintiffs were dismissed earlier this year, their mugshots remain online at the five Web sites named defendants in the suit: justmugshots.com, bustedmugshots.com, mugshotsonline.com, mugremove.com, and findmugshots.com.
None of the defendants returned requests for comment, according to the Blade.
Mugshot photos are public record so publishing the mugshot is not at issue. However, if a company profits from such photos it is a breach of Ohio’s right of publicity law, which states that a persona cannot be used for commercial gain without the individual’s written consent, reports the Blade.
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