Is this legal (Public Nudity / Model / und*raged etc)
 

Ok, so i'm sitting in an IRC channel, and this comes up-
<Alkivar> http://www.alkivar.com/GALLERIES/___...iped__________
<Alkivar> ahh it was a "best booty" competition that devolved into underage strip-o-rama
<Alkivar> the chick in that photo later on decided to finger herself on stage

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quantum-x alkivar
omegaice <Alkivar> yeah?
quantum-x re: that picture you posted before
quantum-x if you have any nude ones
quantum-x take them down
<Alkivar> i dont :)
quantum-x good ;)
<Alkivar> i have them ... but their not on the page
quantum-x i don't want to know ;)
<Alkivar> then again ... my ass is covered legally
<Alkivar> the guy from Girls Gone Wild saved my butt on that aspect
quantum-x how so/
quantum-x do you have a model release from that chick?
<Alkivar> the final verdict was something along the lines of "if a girl in public decides to share herself nude, it is assumed to be legal"
<Alkivar> here's where the line gets drawn
quantum-x that's so fucken wrong lol
<Alkivar> if i SPECIFICALLY TOLD THEM to get naked ... THEN i would need a release form
quantum-x you have photos of it, you need model's permission..
<Alkivar> otherwise ... public nudity is legal to capture
quantum-x if she's underage, you're still fucked, simply because any acgreement is valid
<Alkivar> not according to US law ;)
quantum-x according to the new 2257 laws?
<Alkivar> trust me ... my ass is 100% covered
quantum-x i hope so.. it'd be a fucked thing to get done for
<Alkivar> wouldnt be my first time accused of that shit
quantum-x well
quantum-x except for the fact you jsut said you have nude photos of underage girls ;)
<Alkivar> yeah 16+
<Alkivar> to quote from a summary of the GGW lawsuit: "Judge Sawyer ruled while the filming of Ms. Delamontanya?s conduct in front of the crowd and cameras did not require Mantra to seek her consent to be filmed or included in the videos, her actions clearly indicated her consent to the filming."
<Alkivar> so if your getting naked for a crowd ... your implicitly giving permission
<Alkivar> and for the record the girl from that lawsuit was 17

how right / totally fucken wrong is he here? it seems like such a dodgy fringe, I want to know if he's right before I do something about it.

he adds -

omegaice <Alkivar> are you a lawyer?
omegaice <Alkivar> because my PERSONAL LAWYER even told me i was safe
quantum-x hey, i don't care
quantum-x i'm jsut asking the question
quantum-x i work in the adult industry, and have seen this type of thing turn nasty
omegaice <Alkivar> you seem to not accept the fact that i said i was fine :)
quantum-x I was just asking the q, you seem to have yourself setup, so cool.
quantum-x well, photos of underaged teens is never right in my book
omegaice <Alkivar> theres a big difference between being in the adult industry and being an amateur photographer
quantum-x no matter what legal grey area there is
quantum-x right, hence me asking :D
omegaice <Alkivar> your required to do things that I dont have to
omegaice <Alkivar> i'm not in a contract with a girl ...
omegaice <Alkivar> i'm not in a position to tell them what to do
omegaice <Alkivar> hence i dont need permission ... nor proof of age
omegaice <Alkivar> or so the supreme court in NY ruled ;)

????

,too much to readl...i didnt even bother...see sig

i'll post the colour by numbers version tomorrow.