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wondering_about

Junior Member
What is the name of your state?
Texas

I made an adult home video with my (at the time) fiance'e.
I had permission to record it (verbal), and she knew that I was filming it at the time (1st person point of view - no way of getting around her not seeing the camera).
The videos have only been in my custody.
If I put it on a file sharing website with only her first name, no insults, no threats, no location of her residence, and no other information about her (except for saying that she cheated on me), could I get in a legal situation IF they found the website and could prove that I posted it?
If so, what might I be looking at legal-wise?
 


divgradcurl

Senior Member
wondering_about said:
What is the name of your state?
Texas

I made an adult home video with my (at the time) fiance'e.
I had permission to record it (verbal), and she knew that I was filming it at the time (1st person point of view - no way of getting around her not seeing the camera).
The videos have only been in my custody.
If I put it on a file sharing website with only her first name, no insults, no threats, no location of her residence, and no other information about her (except for saying that she cheated on me), could I get in a legal situation IF they found the website and could prove that I posted it?
If so, what might I be looking at legal-wise?
Of course you could "get into a legal situation" -- you can get sued regardless of whether or not the other side has a "real" case or not. Are you willing to hire a lawyer to defend you when you get sued?

But in any event, if you do this, she will have a "real" case, either for invasion of privacy or public disclosure of private facts:

The basic elements of intrusion into private affairs include:

1. Conduct in the nature of an intrusion;
2. The private nature of the thing or place intruded upon; and
3. Substantiality and highly offensive nature of the intrusion to a reasonable person.

In cases that address this invasion of privacy claim, publishing unauthorized photographs taken in a private place is a recognized intrusion into one's private affairs and if such intrusion causes emotional suffering, damages can be awarded.

If you can't prove that you had permission to take the pictures or video, she can get you under this tort. But even if you can prove you had permission, she could still get you under the following tort:

The basic elements of public disclosure of private facts include:

1. Publicity to a large number of people of matters concerning a person's private life;
2. Such publication would be highly offensive to a reasonable person of ordinary sensibilities; and
3. The matters publicized are not of public concern.

Matters Concerning Private Life

Spreading before the public in a highly offensive manner aspects of a person’s past history that he or she would rather forget is actionable as an invasion of privacy. On the other hand, there is no liability for merely giving publicity to that which is already public. Sexual relations are considered to be entirely private matters. Other examples of acts that were found to be invasions of privacy include: the publication of an existing photograph that was stolen from its owner, and "bribing" someone who has access that the photographer was legitimately denied, to let the photographer take and publish a photograph.

You might want to check out Ind. Foundation, Etc. v. Texas Ind. Acc. Bd. 540 S.W.2d 668, 684 (Tex. 1976).

Maybe she won't find out -- but if she does, you'll get sued, and lose.

Grow up.
 

divgradcurl

Senior Member
I AM ALWAYS LIABLE said:
My response:

Was that an intentional choice of words?

If so, you're my kind of girl!

IAAL

Actually, I pulled that language from another source -- I guess I should have put quotes around it to make that clear.

But beyond that, even if I have made that statement intentionally, I wouldn't be "your kind of girl" anyway -- the plumbing down there is all wrong...
 

I AM ALWAYS LIABLE

Senior Member
divgradcurl said:
Actually, I pulled that language from another source -- I guess I should have put quotes around it to make that clear.

But beyond that, even if I have made that statement intentionally, I wouldn't be "your kind of girl" anyway -- the plumbing down there is all wrong...

My response:

Then, may I suggest that you choose a more masculine-sounding forum name? That is, unless you're one of the Three Stooges or a Harlem Globetrotter. Men don't usually have the word "curl" in their names, unless . . .

IAAL
 

divgradcurl

Senior Member
I AM ALWAYS LIABLE said:
My response:

Then, may I suggest that you choose a more masculine-sounding forum name? That is, unless you're one of the Three Stooges or a Harlem Globetrotter. Men don't usually have the word "curl" in their names, unless . . .

IAAL
I guess I could, but I'm used to this name by now!

Just FYI, I took the name from a book that I enjoyed as an undergrad:

Div, grad, curl, and all that -- an informal text on vector calculus.

http://www.amazon.com/exec/obidos/tg/detail/-/0393925161/qid=1127801951/sr=8-1/ref=pd_bbs_1/002-3411979-5914463?v=glance&s=books&n=507846
 

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