Is it legal to sell/use content of girls in public places without

[Quotealex]

Is it legal to sell/use content of girls in public places without their consent? Forexample can I use pictures of girls in bikini that I shot at a beach on my paysite without having them sign any release form?

[Fletch XXX]

OF COURSE!

PUBLIC DOMAIN IS PUBLIC DOMAIN!!!

snap away and upload

[TheJimmy]

Originally posted by Fletch XXX
OF COURSE!

PUBLIC DOMAIN IS PUBLIC DOMAIN!!!

snap away and upload

PS: it depends on what country you live in....US is ok some/most of the time on public pics....Canada however is not as friendly (legally) to that content from what I gather

[Fletch XXX]

but keep in mind, without consent, you also do not have 2257.

you have no proof of age.

be careful.

its only legal until someone finds out

[Quotealex]

Originally posted by Fletch XXX
but keep in mind, without consent, you also do not have 2257.

you have no proof of age.

be careful.

its only legal until someone finds out

In this case there would be no nudity involve, only girls in bikini at a beach!

But let say I take pictures at a club when one has to be at least 18 yrs old to enter, would it be legal to take nude pictures of girls without any release form?

[Fletch XXX]

Originally posted by Alex from Montreal
In this case there would be no nudity involve, only girls in bikini at a beach!

with no proof of age you have no proof of age, simple.

ESPECIALLY at the beach. You have no clue if she is 18 or 16,

[Dirty F]

Originally posted by Fletch XXX
with no proof of age you have no proof of age, simple.

ESPECIALLY at the beach. You have no clue if she is 18 or 16,

So since when i putting a 16 yr old in a bikini on a site illegal? Im not saying its right but its also not illegal.

[Fletch XXX]

Originally posted by Battuss
So since when i putting a 16 yr old in a bikini on a site illegal? Im not saying its right but its also not illegal.

making a paysite of them might be.

this is what he is aiming to do.

[SmokeyTheBear]

Its legal as long as your taking photo's that can be seen from the public view.

So you cant use zoom lens into someones house windows.

Nor can you put cameras on your shoes and take upskirts.


proof of age is not needed nor is consent.

[emmanuelle]

Originally posted by Fletch XXX
but keep in mind, without consent, you also do not have 2257.

you have no proof of age.

be careful.

its only legal until someone finds out

2257 applies neither to non-xplicit content, nor Canadians

[Fletch XXX]

wow i live in california, maybe i should go to the beach more.

I could shoot 13+ year olds all day and make a paysite

weeeee, so long paying for content.

too many beaches around to buy content

[Fletch XXX]

no nudity, no consent, no 2257.

god i love america

[Fletch XXX]

Originally posted by emmanuelle
2257 applies neither to non-xplicit content, nor Canadians

doh!

even though his name is Montreal, i honestly didnt even think that far

hahaha

[SmokeyTheBear]

Originally posted by Fletch XXX
with no proof of age you have no proof of age, simple.

ESPECIALLY at the beach. You have no clue if she is 18 or 16,

Your not serious are you ??

Have you ever watched your local news ??

Often the weatherman etc will be at the beach commenting on the weather , with loads of people in bikini's.

If your FOCUSING on one person , you could be liable for a lawsuit though

[Fletch XXX]

Originally posted by SmokeyTheBear
Your not serious are you ??

Have you ever watched your local news ??

Often the weatherman etc will be at the beach commenting on the weather , with loads of people in bikini's.

If your FOCUSING on one person , you could be liable for a lawsuit though

this is news.

making a paysite full of girls in bikinis on the beach with no age proof is a bit risky in my opinion.

hey i say GO FOR IT.

did you miss my first post?

SNAP AWAY AND UPLOAD.

i am all for it.

[Fletch XXX]

Emma, send me a good camera, ill start shoointg next week.

You launch it in Canada, i supply content... you ready?

Lets do this girl!

[zanycash Pete]

No nudity, no problem!

[Dirty F]

Wow Fletch...chill..hahah.

[HS-Trixxxia]

Alex - I wouldn't be trying it in Montreal or Canada, if you do, please consult your lawyer. Read on:
http://canada.justice.gc.ca/en/cons/...1-context.html

[SmokeyTheBear]

Originally posted by Fletch XXX
this is news.

making a paysite full of girls in bikinis on the beach with no age proof is a bit risky in my opinion.

CNN offers paid news services , i dont really see the difference. They make money from the content they provide.


This question reminds me of this news program i saw a few years back , and was quite curious as to what happened to the guy.

The guy was going around to schools and offering FREE PHOTOS of the girls cheerleading squads, but he was saving half the shots for his cheerleaders site of underage girls. The girls were never nude , but the photo's def pushed the limit. Full on triple zoom shots upskirt. I dont think he got busted , i think he just got told not to come back to the schools.

[emmanuelle]

Originally posted by Fletch XXX
Emma, send me a good camera, ill start shoointg next week.

You launch it in Canada, i supply content... you ready?

Lets do this girl!

lol!

Thanks, but despite the legal loopholes, I find even the idea of underage models (dressed or undressed) on a site intended for spankers, distasteful.
Don't even get me started on sites that portray women as underage! (which IS illegal here in Canada)

[SmokeyTheBear]

Originally posted by Trixxxia
Alex - I wouldn't be trying it in Montreal or Canada, if you do, please consult your lawyer. Read on:
http://canada.justice.gc.ca/en/cons/...1-context.html

Umm did you read that ?? Theres nothing in there to say he cant take PUBLIC photos of women at beaches , nor could i see it falling under any "sexual" category

[Dirty F]

Dutch channels show programs about the beaches in spain and the youth who goes crazy there in the nightlife. Guaranteed youre gonna see some nude 16 yr old titties.

The only place where that is totally unaccepted is America and the internet (because everybody thinks America decides whats legal on the net)

[SmokeyTheBear]

Originally posted by emmanuelle
lol!

Thanks, but despite the legal loopholes, I find even the idea of underage models (dressed or undressed) on a site intended for spankers, distasteful.
Don't even get me started on sites that portray women as underage! (which IS illegal here in Canada)

I dont think he ever intended on intentionally taking pictures of underage girls. I think he was more concerned with the inability to monitor the ages of those involved without gaining consent

[emmanuelle]

Originally posted by Trixxxia
Alex - I wouldn't be trying it in Montreal or Canada, if you do, please consult your lawyer. Read on:
http://canada.justice.gc.ca/en/cons/...1-context.html

While I am not condoning the idea, a woman on a beach has no reasonable expectation of privacy. Therefore it is not voyeurism.

[emmanuelle]

Originally posted by SmokeyTheBear
I dont think he ever intended on intentionally taking pictures of underage girls. I think he was more concerned with the inability to monitor the ages of those involved without gaining consent

Yes, I know what he was proposing, and my reasons are the same. Since I would not be in a position to monitor the ages of those involved, I want nothing to do with it.

Fletch was kidding anyway

[baddog]

I asked this question at a seminar in San Diego . . . and the attorney said that if it is a posed photo, there must be a release . . . if you just happened to catch something in the background, no release was required.

Not sure how that would apply if you just started taking pics of chicks at the beach without their knowledge. This is the kind of thing you should talk to an attorney about rather than get your legal advice at GFY

[Dirty F]

www.eurobeach.com

These guys have been around forever! They even sell dvd's and stuff.

Great site

[Fletch XXX]

Originally posted by emmanuelle


Fletch was kidding anyway

Originally posted by Battuss
Wow Fletch...chill..hahah.

hehehe glad someone caught that

BTW, Brutus Black listings have begun ;)

bought some new accounts to dump traffic on galleries ;)

[SmokeyTheBear]

Originally posted by baddog
I asked this question at a seminar in San Diego . . . and the attorney said that if it is a posed photo, there must be a release . . . if you just happened to catch something in the background, no release was required.

Not sure how that would apply if you just started taking pics of chicks at the beach without their knowledge. This is the kind of thing you should talk to an attorney about rather than get your legal advice at GFY

Most attorney's don't know more than you or i about internet law.

That being said i think we knew it required consent for a POSED PHOTO.

Photos of a beach would not be "posed photos".

[emmanuelle]

Originally posted by Fletch XXX
hehehe glad someone caught that

BTW, Brutus Black listings have begun ;)

bought some new accounts to dump traffic on galleries ;)

Awesome

I really think you'll be pleased with how well that site converts on tgp traffic

[HS-Trixxxia]

Originally posted by SmokeyTheBear
Umm did you read that ?? Theres nothing in there to say he cant take PUBLIC photos of women at beaches , nor could i see it falling under any "sexual" category

That Part V of the Criminal Code be amended to create a specific offence that would prohibit surreptitious, non-consensual viewing, photographing or videotaping of another person in a dwelling house or business premises where there is an expectation of privacy and if the viewing, photographing or videotaping is done for a sexual purpose.


I'm getting he public pictures law from Quebec give me a few.

[baddog]

Originally posted by SmokeyTheBear
Most attorney's don't know more than you or i about internet law.

agreed, however, this was an Internet attorney

[yanik]

But let say I take pictures at a club when one has to be at least 18 yrs old to enter, would it be legal to take nude pictures of girls without any release form?

You cant shoot your content in a strip club :P

[JFK]

Originally posted by Battuss
www.eurobeach.com

These guys have been around forever! They even sell dvd's and stuff.

Great site

Bad Link

[DrGuile]

In Quebec, there was a ruling not so long ago that said that if your picture has a subject, you need its release (her release in this case)

So if you shoot a picture of the beach (with dozen of people going about their business) its fine. But if you shoot a picture of a girl or two on the beach, no release = possible lawsuit

[emmanuelle]

Originally posted by DrGuile
In Quebec, there was a ruling not so long ago that said that if your picture has a subject, you need its release (her release in this case)

So if you shoot a picture of the beach (with dozen of people going about their business) its fine. But if you shoot a picture of a girl or two on the beach, no release = possible lawsuit

Pretty easy to get around that by taking huge raws, then cropping them.

[Dirty F]

Originally posted by JFK
Bad Link

Theyve been around for years and ofcourse the moment i post the link they either dissapeared or the server is down :/

[HS-Trixxxia]

Alex - like I said, contact a lawyer.

http://www.cdpdj.qc.ca/en/human-righ...noeud2=3&cle=0

Read the Quebec Charter of Human Rights -
You'd be infringing on two of them:
The right to protection of personal dignity, honour and reputation [s. 4].


The right to privacy [s. 5].


& The following are also required to comply with the Charter:
all groups and organizations;


all private businesses;


all services, whether public or private;


all government authorities (provincial, municipal, educational, etc.);


the government of Québec and its institutions, at all levels.
In Québec, no individual or organization whatsoever under provincial jurisdiction* may be exempted from the provisions of the Charter of Human Rights and Freedoms. [s. 55].


Besides that - if you so happen to get a juvenile in there - your problems are even more severe. I'm not telling you don't - I'm not telling you do it - I'm saying get a lawyer to give you confirmation - I did.

[Fletch XXX]

Originally posted by Battuss
Theyve been around for years and ofcourse the moment i post the link they either dissapeared or the server is down :/

worked fine for me

[Quotealex]

I'm not saying that I will go tommorow to a beach club and start taking pictures of sexy girls in bikini to put it in a paysite. And before spending money on lawyers, I think it's good to get comments from other webmasters.

Originally posted by Trixxxia
Alex - like I said, contact a lawyer.

http://www.cdpdj.qc.ca/en/human-righ...noeud2=3&cle=0

Read the Quebec Charter of Human Rights -
You'd be infringing on two of them:
The right to protection of personal dignity, honour and reputation [s. 4].


The right to privacy [s. 5].


& The following are also required to comply with the Charter:
all groups and organizations;


all private businesses;


all services, whether public or private;


all government authorities (provincial, municipal, educational, etc.);


the government of Québec and its institutions, at all levels.
In Québec, no individual or organization whatsoever under provincial jurisdiction* may be exempted from the provisions of the Charter of Human Rights and Freedoms. [s. 55].


Besides that - if you so happen to get a juvenile in there - your problems are even more severe. I'm not telling you don't - I'm not telling you do it - I'm saying get a lawyer to give you confirmation - I did.

[DrGuile]

Originally posted by emmanuelle
Pretty easy to get around that by taking huge raws, then cropping them.

No, the picture you use would have a subject ( the cropped girl) hence, you would need a release.

[Quotealex]

Originally posted by yanik
You cant shoot your content in a strip club :P

Why not? I've seen Dugmor and his crew take pictures in strip clubs.

[Quotealex]

Originally posted by yanik
You cant shoot your content in a strip club :P

Why not? I've seen Dugmor and his crew take pictures in strip clubs.

[Dirty F]

Originally posted by Alex from Montreal
Why not? I've seen Dugmor and his crew take pictures in strip clubs.

Hehe Dugmor isnt exactly the best example to follow

[wyldblyss]

I would be very careful especially in Canada. I think it is all in the intent.

Someone mentioned the local news at the beach. The weatherman from the local news might be at the beach saying how it is perfect weather to enjoy the beach. They show young, old, fat, skinny, men, woman etc.

If you go to the beach and take pictures of girls in a bikini, your intent is to sexual stimulate individuals to pay you to view the pictures. You will be taking close-up ass shots, boob shots of girls bending over etc.

The television station makes money from delivering the news...the people caught on camera are background material they are not what the television station actually makes profit from. You on the other hand are directly profiting from taking pictures of individuals to sexual stimulate others without their consent.

Now, if you were to go to the beach and take a picture of my daughter who is legal and put it on a paysite as jerk material I would have her sue your ass off...and knowing what prudes the judges are in Canada I'm certain I would win. People going to these websites are the same people that go to porn sites and hence if someone saw my daughter on a tour, they may assume she may be naked inside...and hence you have in my daughters opinion ruined her reputation.

Now if you put my under-age daughter in there in her bathing suit I would not sue you, I would have someone castrate you.

It is almost impossible these days to determine the age of anyone. 22 year olds look like they are 14 and some 14 year olds look like they are 22.

My suggestion, stop being such a cheap ass and actually buy content. All it would take is one person to bitch and it to hit the news and you will have everyone an their brother joining together to sue you and you will lose everything.

[Quotealex]

Originally posted by Battuss
Hehe Dugmor isnt exactly the best example to follow

he seems like a smart man with a sound business.

[HS-Trixxxia]

BTW - just wanted to mention that Dugmor isn't a good example. From my understanding, Dugmor was a very good friend & promoter of most of the strippers in Montreal - I'm sure he had no problem filming there or taking pictures there & I wouldn't be surprised if he has written permission from all of them.

1) Publicity for the stripper
2) Publicity for the club


Asking on GFY is good if you have alot of Quebecers & Canadians - however that is not the case. The other thing is that someone may very well be doing it - illegally & not getting caught. You do it & then your luck someone finds their picture & takes you to court.

My lawyer is related to me so it's free - but I'm sure a consultation from any lawyer will save you a heck of alot more than the $ 250-$500 it may cost you to get sound legal advice.

That's my take on it - cropping pictures is not your workaround the law.

[Paul Waters]

Originally posted by Alex from Montreal
Is it legal to sell/use content of girls in public places without their consent? Forexample can I use pictures of girls in bikini that I shot at a beach on my paysite without having them sign any release form?

You may take anyone's picture in a public place.

You may ***NOT**** use it in any commercial manner without a signed model release.

The grey area is, if it is news.

Talk to a lawyer who works in this area.

Also, check out Canadian photographer resource web sites.

[coolfuck]

i wont do it .. because u can get in troble for that.. more easyer to buy content and so u can have the ids ..