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A new trend has people selling their own nudes; question within

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blakeg

Member
(usually in the form of dropbox or other file sharing services).
What is the legality around distributing these files further if you paid for their access?
For example: posting them onto a forum.
Trying to figure out the gray area around this, and so far copyright infringement is the only topic applicable.
 


quincy

Senior Member
(usually in the form of dropbox or other file sharing services).
What is the legality around distributing these files further if you paid for their access?
For example: posting them onto a forum.
Trying to figure out the gray area around this, and so far copyright infringement is the only topic applicable.
What is the name of your state?

Copyright infringement, if the distribution of the photos is unauthorized by the photographer/holder of the copyrights. Possible child pornography charges, depending on the ages of those pictured. Invasion of privacy, if the photos were not authorized for publication by the subject of the photo. For starters.

There are serious legal issues that need to be considered.

I suggest you find an attorney in your area to discuss the specifics before sharing nude pictures.
 

blakeg

Member
What is the name of your state?

Copyright infringement, if the distribution of the photos is unauthorized by the photographer/holder of the copyrights. Possible child pornography charges, depending on the ages of those pictured. Invasion of privacy, if the photos were not authorized for publication by the subject of the photo. For starters.

There are serious legal issues that need to be considered.

I suggest you find an attorney in your area to discuss the specifics before sharing nude pictures.
Texas
* it's not minors
* they are selling their nudes publicly (intending public distribution)
 

quincy

Senior Member
Texas
* it's not minors
* they are selling their nudes publicly (intending public distribution)
How do you know they are not minors? How do you know minors are not accessing the photos?

It is generally legal for adults to sell nude photos of themselves to other adults, if that is what you are asking.
 

blakeg

Member
How do you know they are not minors? How do you know minors are not accessing the photos?

It is generally legal for adults to sell nude photos of themselves to other adults, if that is what you are asking.
I know THEY are not minors because I know them personally.

What I'm asking is, is it legal for people to distribute (further) the nudes that were initially paid for?
 

quincy

Senior Member
I know THEY are not minors because I know them personally.

What I'm asking is, is it legal for people to distribute (further) the nudes that were initially paid for?
Not unless the adults selling the photos of themselves have authorized it.

When you purchase a photo, you are purchasing only the single copy. No rights are transferred with the sale unless the holder of the rights expressly transfer these rights in writing. These rights include reproduction of the photos (making copies) and distribution and display.
 

blakeg

Member
Not unless the adults selling the photos of themselves have authorized it.

When you purchase a photo, you are purchasing only the single copy. No rights are transferred with the sale unless the holder of the rights expressly transfer these rights in writing. These rights include reproduction of the photos (making copies) and distribution and display.
So what kind of legal action can be taken against those who are distributing? and would legal authorities even care?
 

quincy

Senior Member
So what kind of legal action can be taken against those who are distributing? and would legal authorities even care?
What exactly is done with the photos matters.

The person whose rights were infringed might care - and a lawsuit could result. The "authorities" might not care but it could depend on how the photos are used and where they are published.
 

blakeg

Member
What exactly is done with the photos matters.

The person whose rights were infringed might care - and a lawsuit could result. The "authorities" might not. It depends on how the photos are used.
The photos were simply posted on a forum where people could access them...
 

quincy

Senior Member
The photos were simply posted on a forum where people could access them...
If the adult person whose nude photo appears online doesn't mind it being accessible to other adults, there is (probably) not a problem. If the adult person whose nude photo appears online did not intend for the nude photo to be shared with others, there is a problem (infringement, invasion of privacy, possible false light/defamation...).

So ... did you publish someone's nude photo online without permission from the person pictured in the photo?
 

blakeg

Member
If the adult person whose nude photo appears online doesn't mind it being accessible to other adults, there is (probably) not a problem. If the adult person whose nude photo appears online did not intend for the nude photo to be shared with others, there is a problem (infringement, invasion of privacy, possible false light/defamation...).

So ... did you publish someone's nude photo online without permission from the person pictured in the photo?
No someone else did and I'm attempting to see what action I could take
 

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