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Teen Sues School District Over Unauthorized Use of Photograph

Teen safety on the Internet is an issue that most parents and teachers must contend with on a daily basis. Drawing the line between what is appropriate online behavior and what is not is admittedly tricky. However, as officials in one Georgia school district are discovering, using a student’s Facebook photo to make a point can have serious repercussions.

OOPS%20%2050794898-001.jpgChelsea Chaney was a high school senior in northern Georgia when the district decided to conduct a seminar about Internet safety for students. During the presentation, students, parents and teachers were shown a cartoon that showed a child aghast at his mother’s past Facebook posts which included references to things like Jello shots and bad boys. The next image featured Chelsea Chaney, wearing a bikini and posing with a cardboard cutout of Snoop Dogg.

Chaney and her parents were horrified by the use of the private photograph which they did not know was being used for the seminar. When the school district refused to conduct an assembly to address the issue, Chaney filed a lawsuit. In the complaint, she alleges that Curtis Cearley, a county technology services director, obtained access to her Facebook profile and utilized the photograph without permission. Moreover, Chaney continues to receive harassment as a result of the use of the photograph. Media coverage has made it impossible to suppress the image, and Chaney asserts that even more than a year later she continues to receive texts and other communications telling her that she deserves this treatment.

Chaney’s attorney charges in the complaint that the seminar painted the student as a “promiscuous abuser of alcohol,” which severely damaged her reputation and caused her undue embarrassment.

Meanwhile, defendants in the case assert that they believed the photograph to essentially be in the public domain and that they did not intend to defame Chaney. This case serves to point out that images, particularly those on the Internet, can be especially powerful. Posting photographs should be done with care, but copying them for other usage requires even greater care in order to avoid serious legal consequences.