Q: If someone else uses my Facebook photo, can I sue?
A: Yes, IF you created the photos and you have obtained a copyright on them. The copyright can be filed immediately prior to filing suit, but to recover attorney’s fees and damages, the copyright needs to have been filed either within three months of the date of publication of the photos or before the act of infringement occurred, whichever is later.
Q: Can I sue someone for defamation on Facebook?
A: Yes. Slander is a defamatory statement that is orally communicated to a third person, such as when going live on Facebook. Libel is a defamatory statement expressed in written or graphic form such as a post to your feed. A false statement can create action for a lawsuit if it was published as a fact rather than an opinion, concerned you, and caused you serious harm.
Q: What can I do if someone is cyberbullying me?
A: The Texas Education Code defines bullying as “a significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression…or physical conduct” that physically harms a student or student’s property, is severe or creates an abusive educational environment, disrupts the educational process, or infringes the rights of the victim at school. Cyberbullying is defined as bullying that is done through the use of any electronic communication device. Under Texas law, you can ask the court to stop someone from cyberbullying by filing a Sworn Application and Petition to Stop Cyberbullying.
Q: How do I know if online communication has escalated to harassing or stalking?
A: Under the Texas Penal Code, a person commits the offense of harassment if they initiate communication that is intended to harass, annoy, alarm, abuse, torment, or embarrass another. This includes publishing on a website, social media platform, or other electronic communication that is likely to cause emotional distress, abuse, or torment to another. A person commits the offense of stalking if they repeatedly harass or act in a conduct that places another in fear of bodily injury or death. This could include repeated phone calls, emails, texts, or social media messages; sending multiple unwanted gifts; or using software to track computer use. If you are in fear of another’s behavior that is in line with these offenses, consider talking to one of our attorneys regarding obtaining a protection order.
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