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Getting revenge by posting pornographic images of an ex on the internet was made illegal here.
It wasn't. I posted the link where the lady that pushed for this law even notes that.
In an interview with NBC News, Jacobs called the new California law "an encouraging first step." But she said it fails to criminalize the distribution of self-taken photos, or "selfies," that were shared willingly with spouses or partners but later posted online without the subject's consent.
If someone gives someone a nude picture of themselves and in due time that person gets upset with them and post a picture simply to get revenge, was that illegal? Not according to the woman who pushed for this.
what if a guy just posts the pictures to make some money because of the bad economy?
That would be a far more complicated scenario. If she took the picture she still owns the copyright even if she gives or even sells a copy to someone so he can't legally sell it for profit.
Even then when it comes to selling things there are things like model releases to consider which is beyond my expertise.
That would be a far more complicated scenario. If she took the picture she still owns the copyright even if she gives or even sells a copy to someone so he can't legally sell it for profit.
Even then when it comes to selling things there are things like model releases to consider which is beyond my expertise.
But if the guy owns the camera, and takes the picture, then he owns the photograph , not the woman.
The person that is being photographed, never has rights to the photo, unless they use her camera or they both sign a "contract" stating that she has the rights to the photograph, and the other party does not.
It wasn't. I posted the link where the lady that pushed for this law even notes that.
In an interview with NBC News, Jacobs called the new California law "an encouraging first step." But she said it fails to criminalize the distribution of self-taken photos, or "selfies," that were shared willingly with spouses or partners but later posted online without the subject's consent.
If someone gives someone a nude picture of themselves and in due time that person gets upset with them and post a picture simply to get revenge, was that illegal? Not according to the woman who pushed for this.
It was. There's a loophole in the law about "selfies", but the law makes it illegal for a person to post a pornographic image of an ex on the internet out of malice, with the intent to hurt the ex. And the loophole is remediated by copyright laws which the person who took the self-taken photo can utilize.
But if the guy owns the camera, and takes the picture, then he owns the photograph , not the woman.
In that case he does but as I note, I am no expert here but there things such as releases to be considered. As I said, that situation is far more complicated than it simply being legal.
Quote:
The person that is being photographed, never has rights to the photo, unless they use her camera or they both sign a "contract" stating that she has the rights to the photograph, and the other party does not.
Why you need releases
A release is a written agreement between you and the person you are photographing, or the person who owns the property you are photographing. The purpose of the release is to protect you from any future lawsuits the person might file for claims such as defamation and invasion of privacy.
But if the guy owns the camera, and takes the picture, then he owns the photograph , not the woman.
The person that is being photographed, never has rights to the photo, unless they use her camera or they both sign a "contract" stating that she has the rights to the photograph, and the other party does not.
It's not rights to the photograph that this legislation is about. It's about the right of the person possessing the photograph to harm another person. Your freedom versus your ex's freedom. You can burn the picture, you can frame the picture and hang it in your garage. You can't use it as a weapon against your ex. You aren't free to harm another person. And others aren't free to harm you.
It was. There's a loophole in the law about "selfies", but the law makes it illegal for a person to post a pornographic image of an ex on the internet out of malice, with the intent to hurt the ex. And the loophole is remediated by copyright laws which the person who took the self-taken photo can utilize.
With the intent of "serious harm". Things specifically not addressed like this are not "loopholes". Loopholes are unintentional circumstances not forseen before hand. You can bet that "selfies" were considered and left out or excluded on purpose.
So as I said, this is a bad law because it won't actually stop hardly anyone. To prosecute someone, they would have to be the one who took the picture and then you must prove they intentionally set out to cause serious harm. The really bad part is people will not consider this and it gives them a false sense of security.
Many will still send out naked pictures thinking it would be illegal for anyone else to post them when it won't be. It will actually encourage the activity most seem to agree is a bad idea.
Well it looks like the only people who have problems with this law are the ones who might be planning revenge porn. And I'm ok with that. I'd rather have you in jail then someone who causes no harm to anyone else.
The people who have problems with this are the ones who out freedom of speech higher than protecting a few people making bad decisions.
But if the guy owns the camera, and takes the picture, then he owns the photograph , not the woman.
The person that is being photographed, never has rights to the photo, unless they use her camera or they both sign a "contract" stating that she has the rights to the photograph, and the other party does not.
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