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Old 12-12-2001, 10:37 PM   #1
bhutocracy
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legalities of topless beach content

ok.. so exactly how illegal is it to use such content.. obviously you aren't really going to get to sell it without model consent forms and whatnot, but given they're in public, and they've chosen to take their tops off is it erring on the prison sex side of the law to use it on a website?
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Old 12-12-2001, 11:02 PM   #2
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That's a good question? A private nude beach would have legal issues but some of the european beaches are PUBLIC....???

I wonder if it's the same legally as native tribes with bare breasted women? National Geographic got away with porn like that before Hugh Heffner came on the sceen for decades using that legal line..... It's what all are dads and granddaddies jacked off to...

Anyone have any thoughts here??????
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Old 12-13-2001, 12:19 AM   #3
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Take a picture of my woman on the beach & i'll have your nuts


But other than that....I don't see an legal problems, we can see it with our public eyes, why not with our public camera's?

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Old 12-13-2001, 12:29 AM   #4
bhutocracy
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see, thats pretty much what im thinking.. i do recall someone taking such pics on bondi beach in sydney (probably the most popular beach in australia - where there is a fair amount of nudity - not really full frontal but you can see topless girls rubbing sunscreen onto their girlfriends - g-stringed asses, which is good enough for me )

and there was a big thing in one of the local papers down here, and the site got taken down.. i can't quite recall whether it was because of the porn on australian servers issue, or public nudity....

also, i'd really like to know if you could legally sell such content without getting model release forms from the topless beauties...

i really should call my lawyer... if she wasn't so fucking unavailable on the phone..
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Old 12-13-2001, 12:32 AM   #5
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I think its probably illegal in tourist places....why would you pay to go to a nude beach if you could see the pictures?

I bet its a whole conspiracy mannnnn.....

Either that or im just toked

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Old 12-13-2001, 12:43 AM   #6
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public beach issues :

"Topless bathing is allowed at Bondi - a long way from conditions right up to the late 1960s when stern beach inspectors were constantly on the lookout for indecent exposure. In fact, so blasé are the attitudes now that every January an irreverent sunset nude surfing competition is held, watched by TV cameras and a huge crowd offering a wry commentary."


to give you an idea of HOW public bondi is, it's on the lonelyplanet guide right next to venice beach and cocacabana as the most popular beaches in the world.. :
http://www.lonelyplanet.com/theme/beaches/be_index.htm

so it's all fine in relation to being a public area.. and if you take your clothes of there you really can't fucking whinge about photos being taken...

i'd just like to know if i could hold copyright of the photos.. i mean people might not want to buy them without consent forms proving age and whatnot.. but i'd like to be able to nail people stealing them off me...
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Old 12-13-2001, 12:46 AM   #7
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does the tv channel that takes the news footage of the nude surfing hold copyright over it? - they play it on the news every year with the pink bits pixelised.. i don't see how this would be any different..
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Old 12-13-2001, 12:54 AM   #8
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Proof of age is not required for this stuff. Article 2257 compliance is not necessary unless there is actual or implied sexual contact. A naked 17 year old coming out of the ocean is not illegal to photograph.

I am not saying I agree with this or that I would shoot it, but it is legal.

Think about the drunk slut shit you see during Mardi Gras. The models may be getting paid, but what about the other people in the background? Do you think they have a release on file? Check out the "Girls Gone Wild" stuff.

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Old 12-13-2001, 01:56 AM   #9
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yeah .. i think it should be fine.. im THIS close *holds fingers together* to renting out an apartment overlooking the northern side of bondi beach with a nice telescope and a lens adapter for the weekend
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Old 12-13-2001, 02:13 AM   #10
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[QUOTE]Originally posted by bhutocracy:
[B]public beach issues :

"Topless bathing is allowed at Bondi - a long way from conditions right up to the late 1960s when stern beach inspectors were constantly on the lookout for indecent exposure. In fact, so blasé are the attitudes now that every January an irreverent sunset nude surfing competition is held, watched by TV cameras and a huge crowd offering a wry commentary."


to give you an idea of HOW public bondi is, it's on the lonelyplanet guide right next to venice beach and cocacabana as the most popular beaches in the world.. :

Venice is the last place to go for hot babes... it's too funny that Baywatch was filmed there... 90% of the time it's too cold to wear a bikini...

It's funny to watch girls there try to get a tan -- you can tell they are freezing their asses off -- half the time they have blankets to cover themselves from the cold wind... people in LA have no idea what a good beach is like... :p


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Old 12-13-2001, 02:40 AM   #11
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'least their nipples would be nice and hard

bondi's the opposite.. it gets pretty fucking hot there.. niiiice to swim with hot topless chicks too... mmmmmmmm
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Old 12-13-2001, 08:13 AM   #12
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You have to be really careful when taking pics in public in Australia !
If you take pics of a chic nude or topless in a public area the law is that you must get a release form from EVERYONE on the pic = even if they are just walking by in the background - otherwise they can sue your ass!
Don't ask me how they came up with this piece of shit legislation = I think it's just another attempt by our prick of a government to stop porn.
it's never stopped me - and I never worry about it - so far I haven't had anyone complain or try to sue me for turming up in a pic..

there wasone time however when I was doing soem pics with some girls that had to be in public with onlookers... so we went to a rugny fieled that looked like a local team field - turms put it was the ome of the Queensland Reds - we tried to get the guys in the pics but they kept running away from us! lol... they were all scared that we might publish the pics in picture mag !!!
apparently they could lose their postions on the team if the public saw them on their field with naked chics!
They didn't mind pulling out their video camera and gettting some film for themselves though!


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Old 12-13-2001, 10:59 AM   #13
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Hello,

I started reading this thread last night but held off posting till now. I have to congratulate you all that this is the most intelligent thread on this subject. Taking photos in a public place is legal.

The pictures you take are your property. You own them. If somebody else uses them you can sue them.

However, You subjects can still sue you in a civil court (not a criminal court). But they have to prove damages. For example in KittyKats thread about the Queensland Reds players. If they ended up on a website in the described situation as explained and say lost their job, it is possible to be sued and have to compensate them if they lost their job due to your publishing the photos on a website. The fact that these girls are on a nude beach or not doesn't matter. The same rules apply in any public place, clothed or unclothed. The plaintiff would always have to prove damages. So the punchline here is don't photograph famous people, like movie stars, because they can sue you for a substantial amount of money if you ruin their career. However you still own the pictures and it is not illegal to take them and it is still illegal for other people to use your pics without your consent.

Witch opens up a question for KittyKat or any other Australian webmasters. Do you know who owns these sites?: http://www.tropicaldelights.com/
or http://www.hush-hush.com

?????????????????????????????????????????

BECAUSE THEY ARE THIEVING SCUMBAGS!!!!!!

Peace Out and Big Fuckin Pimpin!
BV
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Old 12-13-2001, 11:12 AM   #14
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they can sue you for a substantial amount of money if you ruin their career

What's up then with all the papparazzi shoots that are around? there are many celebrities being shot topless all over the place actually, and not many trials.

Matter of fact, one of those photographers just won a court case in Miami against a singer who kicked his ass while taking some pictures, hehehe...

I live near Cancun, and I've been thinking of going with a camera to the next Spring Break, things get really really wild there and you can take rolls and rolls of film... I know that there is people already doing this, but almost 100% of them don't live in the area and don't know where the real action is... I do



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Old 12-13-2001, 11:35 AM   #15
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E-van,

Exactlty!
I failed to mention that it is very hard to prove any damages when you are doing such a thing as toppless sunbathing in a public place, the fact if that you are a big star just gives you a better chance of proving damages because the stakes are higher all the way around. ie: big time lawers, huge damage claims, etc.... And in all likelyhood most stars would probably want the publicity!

Hit me up on icq E-van!, maybe we can work out something on some cancun shit! Wich reminds me about the "wild on e" segment on Cancun, hot hot hot......

Bv out.
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Old 12-13-2001, 02:40 PM   #16
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I agree... this is a very interesting question... I would suspect the question of legality might also vary based on locale...

According to the Florida Naturist Association, you need a photo release when taking any photos for commercial release, at least when at Haulover Beach (a public beach in North Miami).
http://floridanaturist.org/naturism/manners.html

That's my two cents anyway

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Old 12-13-2001, 02:59 PM   #17
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Quote:
Originally posted by BV:

Witch opens up a question for KittyKat or any other Australian webmasters. Do you know who owns these sites?: http://www.tropicaldelights.com/
or http://www.hush-hush.com

No fucking idea - but i bet I can find out in an hour as soon as all the other lazy bastards in this country wake up!

<a href="http://www.sexcontents.com"></a>
?????????????????????????????????????????

BECAUSE THEY ARE THIEVING SCUMBAGS!!!!!!

Peace Out and Big Fuckin Pimpin!
BV
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Old 12-13-2001, 03:11 PM   #18
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Haulover is open to the public but is a state park and is governed by different rules (like all state parks) for example: you can't film any kind of professional stuff of any kind without the proper permits when you are on state park land.

I suggest discussing this matter with your attourney and be up to date on any and all state and local regulations as well, because they all differ from state to state.

Best Regards,
BV
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Old 12-13-2001, 03:29 PM   #19
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it was explained to me by a lawyer friend of mine ( this is the US so things may be different if you live outside the US) That things are basically like this:

If you go to a beach, see a girl topless on the beach and take pics of her they are your pics and you own the copyright. If you put them on a website technically she could sue you for using her likeness for profit but the chances of that happening ( and her winning) are almost nil. Basically if you decide to go naked in public then you are forfieting your right to privacy. He even said you could go so far as if you see someone in thier house naked but through an open window/blind you could take legal pics of them. I'm no expert and our conversation wasn't too indepth, just talking on the golf course. He used the celeb point to me too. There are many celebs that have had topless/nude pics of them taken when they were at beaches and they don't sue because they know that the judge will laugh at them and tell them " You went nude on the beach, you brought this on yourself."

Anyway, that is what I know, hope it helps some

kane

[This message has been edited by kane (edited 12-13-2001).]
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Old 12-13-2001, 04:52 PM   #20
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Well said kane!
I wanted to mention that part too, about shooting into a private dwelling from say a public sidewalk, say through an open window. But I did not want to sound crazy so soon in the thread, lol.
As they say: Only in America! Don't you love it?????

Here's one for ya: how bout this new tape they found of UBL??? Maybe he will try and sue CNN for copyright infringement! j/k lol
I can't wait till they cook that bitch in the chair! Live on the net would be awesome! I gaurantee you it would be the biggest fuckin sale yet! The card processors servers would be smoked in 10 minutes from so many people whipping out their plastic! Then take the money and go get the next motherfucker!

Just my opinion,
Big Big Pimpin!
BV
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Old 12-14-2001, 10:46 AM   #21
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I think it's public domain .. so you don't have to get a waiver. :-)


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Old 12-14-2001, 02:30 PM   #22
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One of our partner companies, the Hooter Historians, have been shooting public tits since the 60's! The right to privacy applies only to places where a rational individual has the clear expectation of privacy. One of our feeds is nothing but beach footage from Europe, where, to hear them tell it, there are entire rows of people lined up snapping shots. I just did an article about this for Ynot... so look for that soon. We had this same question concerning our footage we are using for the new plug-in feeds, and basically we decided, if a girl calls or emails asking for her pics to be taken down, we will be nice and take them down. Chances of that are very low, but its not worth a small claims court battle.

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Old 12-14-2001, 02:55 PM   #23
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I can only see the public private issue as a problem in one way;

You take voyeur - nude beach - topless pictures

You post them on your website

Someone recognises the pics and says "Hey, that's my SEVENTEEN year old daughter you have posted on your website, I'm taking you to court"

How the heck are you going to know, unless you get a release?



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