Real Candid Content Paysite Question

[vanillaice]

I've been taking real candid pictures for awhile now, so have quite a few pics and videos. These are all random girls I see, not staged shit.

My question is, if I decided to start a paysite for it, what exactly is the legal side of it? Considering none of the content would have signatures of consent, I'd assume putting their face in there is a big nono, but even without the face, could I get in trouble for it?

Most of my stuff are girls asses anyway, so leaving the face out shouldn't be a problem, but I don't want to get screwed even with this.

Thanks!

[Failed]

Originally Posted by vanillaice

I've been taking real candid pictures for awhile now, so have quite a few pics and videos. These are all random girls I see, not staged shit.

My question is, if I decided to start a paysite for it, what exactly is the legal side of it? Considering none of the content would have signatures of consent, I'd assume putting their face in there is a big nono, but even without the face, could I get in trouble for it?

Most of my stuff are girls asses anyway, so leaving the face out shouldn't be a problem, but I don't want to get screwed even with this.

Thanks!

I would definitely consult with an attorney before launching your site, of course. But, as far as I know anything shot in a public place is completely legal. If you're out in public, you lose all rights to privacy. I'm sure your attorney would advise to scan your pictures and videos closely to find any underage people in the background to digitally blur.

[vanillaice]

Originally Posted by Failed

I would definitely consult with an attorney before launching your site, of course. But, as far as I know anything shot in a public place is completely legal. If you're out in public, you lose all rights to privacy. I'm sure your attorney would advise to scan your pictures and videos closely to find any underage people in the background to digitally blur.

Right. That's a good idea, what type of attorney would be good for this? Someone who deals with copyright laws?

Definitely blurring out faces and pretty much anyone not the main 'subject' would be ideal.

[Failed]

Originally Posted by vanillaice

Right. That's a good idea, what type of attorney would be good for this? Someone who deals with copyright laws?

Definitely blurring out faces and pretty much anyone not the main 'subject' would be ideal.

There are program owners on this board that could give you the contact info for good attorneys. As an affiliate, I don't have this information. Just keep the thread bumped

[vanillaice]

bumpy bumpy

[vanillaice]

bump, anyone have any info on this?

[blackmonsters]

Originally Posted by Failed

I would definitely consult with an attorney before launching your site, of course. But, as far as I know anything shot in a public place is completely legal. If you're out in public, you lose all rights to privacy. I'm sure your attorney would advise to scan your pictures and videos closely to find any underage people in the background to digitally blur.

Oh yeah, then follow around a movie crew shooting a movie in public and record all the
scenes with your video camera and post it online and see how far you get.


Cliff notes :

Shooting an "upskirt" in public is illegal :

http://definitions.uslegal.com/v/voyeurism/

A person is guilty of unlawful surveillance in the second-degree offense, a class E felony punishable by a term of up to 1 - to 4 years in State prison, if he or she:

(iii) uses or installs an imaging device to surreptiously view under the clothing of a person - commonly known as - upskirting,- or (iv) for amusement, entertainment, or profit, or to abuse or degrade the victim, permits, uses, or installs an imaging device to surreptiously record another person dressing or undressing when the person has a reasonable expectation of privacy.

A person is guilty of the dissemination of an unlawful surveillance image in the first-degree, a Class E Felony punishable up to 1 - to 4 years in State prison, if he or she:

(i) publishes or sells an image that was unlawfully obtained; or

(ii) disseminates an image he or she unlawfully obtained; or



</end Cliff Notes>




Here's another possible scenario :

It's 2:AM and a female in a dark parking lot squats to piss between two cars.
You being the only person around are behind a bush and record her pissing.
She may be able to argue that even though she was in public, the circumstances
under which she took that piss gave her a "reasonable expectation of privacy".

She went out of her way to conceal her piss by squatting in a dark parking lot between
two cars after checking to see that no other people were around.

You would need a jury full of hippies to win in court on that one.

Another :

Every school, church, business building is in the public. But you don't see many porn
videos where an identifiable school, church or business building can be seen.
The reason is that you are begging for a law suit if you do that.
No video scene is worth defending such a law suit, whether right or wrong.

Another :

No matter how public the scene, if it can be deemed that the material is posted
with "malicious intent" then you lose.
Posting faces of people on a porn site without their consent with search keywords
such as "whore", "slut", "drunk" etc... just might be malicious.

Don't get into that "public" shit unless you can afford a lawyer.

[vanillaice]

Well I'd avoid upskirts, but you're right in general. It's almost not worth getting into because I may have to defend a new picture set every other week.

Thanks for the reply, you helped make up my mind. Going to avoid that. I'll stick with the hobby, but not going to put myself out there and attach my name to it lol. Certainly won't try to make a profit on it.