Posted By: souls_harbor
Re: I agree with the court
People who publish revenge porn are assholes, but that isn't sufficient to make something illegal.
What about defamation?
The problem with the law IMHO is that it reverts ownership of images to the subject of the image. That would overturn the history of such ownership. Models could stop publications at whim, photographers thrown in jail willie nillie. Porn stars could pull permission at any time to the same effect.
I don't see it that way. A PRO model or porn star signs a model release stipulating what the photog can and cannot do with the photos. I mean, if a model poses for a bra advertisement in a catalog, I suspect she can request that her images NOT be posted to a porn site or a fetish site by the photog (even if some third parties try to post them there).
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I guess the problem is that there are so many wannabe models that anyone who asks to add a condition or two to a blanket release will be skipped over for the next model in the Roladex.
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Vanessa Williams signed a blanket release and did some legal, sexy (girl-girl, if I remember) photos BEFORE becoming Miss USA. Only then did the photog sell them to Penthouse and Williams had to resign her title. The photog gave her VERBAL assurances at the time of the shoot ("silhouettes only" "no one will recognize you") which were worthless.
http://www.nydailynews.com/news/national/williams-resigns-america-photo-scandal-1984-article-1.2301829Once ownership is set, all else follows. If I own a photo, I can publish it or not. Exceptions are only at the point of obtaining it, such as peeping toms etc, any viloation of obtaining the image where the subject had a reasonable expectation of privacy.
But I would add other exceptions that can be incorporated into the original model release or contract if agreed to by all signing parties (and those to whom the photos and permissions are transferred).