Sex tape row: German court orders man to destroy naked images

[raid]

bbc.com: http://www.bbc.com/news/world-europe-35159187

A photographer and his ex-friend ....
What are the laws in the USA for such a case?

 

[greyelm]

So called " revenge porn" is illegal under English Law.

See. http://www.independent.co.uk/news/u...-new-laws-to-be-sentenced-today-10444898.html

 

[krötenblender]

So called " revenge porn" is illegal under English Law.

See. http://www.independent.co.uk/news/u...-new-laws-to-be-sentenced-today-10444898.html

It is not about Tapes. Its about pictures.

That case here in Germany is not about revenge porn, but about keeping those pictures on his own. His argument is, that the pictures are made with mutual agreement and that he wants to keep them because of freedom of art.

He has (that is, what he is saying) and never had any intention to make them public.

The court, however, rules that privacy and intimacy are the higher values at least in this kind of case.

 

[raid]

Thanks for al the input here.

 

[krötenblender]

The court is of course only ruling on images made during a sexual encounter, they made that quite clear, it would not cover more casual photos, even nudes. The photos must be in the specific context of a lover.

...

It is an important distinction.

Indeed. The whole story is about a very private matter. So I think, it is not suitable as an example of any general tendency in law pro/contra any artistic topic.

Usually I'm very pro freedom of art and expression and that society in general should accept quite a portion of discomfort for the sake of freedom of expression. But in this case I tend to go with the court.

What puzzles me the most, is that two grownups are not able to settle those things without lawyers. One has made very intimate pictures of the other in a situation and relationship, that is no more. Even without court-order I think it would simply be a matter of decency to agree to the request to delete the pictures.

But then... other grownups do even more not so grownup things.

 

[noisycheese]

Obviously not that strict, but one goes to court.

There is case precedent, but the rule worldwide for women is, do not allow yourself to be photographed or filmed in a compromising situation, unless you are good with it being on the internet porn sites forever.

I believe J-Law has forever proved this rule.

Good advice - and for men, too.

Relationships may not last forever and the photographer who made the images/video may seek revenge for being dumped, even if doing so is small minded, mean spirited and childish (perhaps that's why he/she was dumped to begin with).

In the U.S., such images or videos that are wrongfully put on websites for spite can possibly be required by law to be removed by some type of legal take down letter of demand, based on provisions in defamation laws.

If there is an attorney on board that can shed some light on this, please do.

 

[farlymac]

I think with the way the US copyright laws are, they are basically his images to keep. If he were to use them in a felonious way, then there is a problem. She cannot prove that he has intent to use them in such a fashion, so she would have no standing in the court as an injured party. Could I force you to give up all your pencils just because I presume you might stab me with one someday?

PF