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-   -   Mardi Gras Content? Is An Amateur Video Legal? (https://gfy.com/showthread.php?t=99110)

stocktrader23 01-10-2003 09:55 PM

Mardi Gras Content? Is An Amateur Video Legal?
 
I was just wondering what the laws are on public nudity at mardi gras. Is it ok to publish homemade videos from there? I have some footage I took for Mardi Gras 2002.

Just curious for future referece. I live in Louisiana so it's pretty easy to get down there and get all the good stuff.

necoeds 01-10-2003 10:01 PM

Quote:

Originally posted by stocktrader23
I was just wondering what the laws are on public nudity at mardi gras. Is it ok to publish homemade videos from there? I have some footage I took for Mardi Gras 2002.

Just curious for future referece. I live in Louisiana so it's pretty easy to get down there and get all the good stuff.


If you are asking if it is legal from a criminal law standpoint (ie can you go to jail for it) the answer is YES... You are fine

However, from a civil standpoint, depending on if the photos were taken in a club or on the street, there may be some opportunity for a civil suit......

:)

p00p 01-10-2003 10:04 PM

I asked the same thing here a few weeks ago, no one answered, so I assume it is either a grey area, or illegal.

How do you prove the age of the girls? Did they sign a model release?

I think Girls Gone Wild got sued by some chick, but she lost. But they have girls sign model releases now? I dunno, I am out to lunch on this shit, maybe someone who shoots it, sells it, or publishes it will enlighten us all. :)

p00p 01-10-2003 10:06 PM

Quote:

Originally posted by necoeds



If you are asking if it is legal from a criminal law standpoint (ie can you go to jail for it) the answer is YES... You are fine

However, from a civil standpoint, depending on if the photos were taken in a club or on the street, there may be some opportunity for a civil suit......

:)

What is the difference between the club and a street?

BV 01-10-2003 10:36 PM

http://board.gofuckyourself.com/show...threadid=98615

check this thread out (very recent) and/or do a search here
many threads on this topic :)

cheers,
BV

foolio 01-10-2003 10:51 PM

Quote:

Originally posted by p00p

What is the difference between the club and a street?

Public street is.. well public. The courts have ruled you can not expect privacy in public places. Where if you were in a club then thats different - you lose all your "its ok because she was in public" defense.

p00p 01-10-2003 10:59 PM

Quote:

Originally posted by foolio


Public street is.. well public. The courts have ruled you can not expect privacy in public places. Where if you were in a club then thats different - you lose all your "its ok because she was in public" defense.

Fair enough. But let's say you take a bunch of pics of a girl flashing at Mardi Gras. That is a public place. You don't know her age, she has not signed a model release.

You sell pics of her, use them online, and make a load of cash from her images. She sees her pics online, and says "WTF" this guy is raking in cash using my pic, without my permission!

Can she sue? Is her arguement valid?

I was thinking of starting a mardigras type site. I found places to buy content. But what is this girl sees herself on my site? Who is she to sue? Me? Or the person she bought the content from?

I am NOT ragging on the mardi-gras, partygirl type content people. I think this shit is cool. But I would hate to buy it, get something big going, and have to deal with the legalities down the road.

foolio 01-10-2003 11:17 PM

Quote:

Originally posted by p00p


Fair enough. But let's say you take a bunch of pics of a girl flashing at Mardi Gras. That is a public place. You don't know her age, she has not signed a model release.

You sell pics of her, use them online, and make a load of cash from her images. She sees her pics online, and says "WTF" this guy is raking in cash using my pic, without my permission!

Can she sue? Is her arguement valid?

I was thinking of starting a mardigras type site. I found places to buy content. But what is this girl sees herself on my site? Who is she to sue? Me? Or the person she bought the content from?

I am NOT ragging on the mardi-gras, partygirl type content people. I think this shit is cool. But I would hate to buy it, get something big going, and have to deal with the legalities down the road.

Good point about the age - that is sticky. I think the best rule of thumb is if you are not sure then do not use it. Better safe than sorry. Shit, last year I saw girls that were without question underage flashing away - and having their pics taken like crazy. I hope none of the people were dumb enough to post them anywhere. But if they were stupid enough to take them then ya never know.

And ya, people can sue over anything these days, But the courts have ruled public places are free domain. There have been more than a few cases of the peeping tom people doing upskirt shit in the pak or whatever and have always walked. But the people who do the same stuff in the mall or into somebodys house then THEY go to jail.

p00p 01-10-2003 11:23 PM

Couple thoughts....

If you bought content from a provider, and the girl turned out to be underage, who is libel? The person who bought it, or the provider?

And, if there are no model releases etc. who actually owns the content? The provider of the content? Or the girl who is in the content?

This mardigras, springbreak stuff is getting big now. Is it only a matter of time before Gina Lee loses her secretary job because of flashing her boobs and sues the site she was discovered on? Or the provider?

Me thinks that the more this stuff gets out there that the shit could hit the fan. Then again, upskirt sites have been getting away with it since day 1, but most I have seen are not showing faces, hence, it is difficult to prove identity.

It's all good mates, I love this content and the possibilities, but like foolio said, everyone sues for anything these days.

p00p 01-10-2003 11:25 PM

There was an upskirt guy in Ontario (I may be mistaken on location) that was charged with what he was doing. I don't know the details, but I remember reading about it in the paper. God knows what he was doing. Maybe Canada is different as far as laws.

BV 01-10-2003 11:45 PM

Quote:

Originally posted by p00p

And, if there are no model releases etc. who actually owns the content? The provider of the content? Or the girl who is in the content?

lol

p00p 01-10-2003 11:52 PM

Quote:

Originally posted by BV


lol

BV, any input?

foolio 01-11-2003 12:04 AM

I would asusme that the person who took the pics / the person who you are buying the pics from has the responsibility to provide you with the paperwork saying what he is selling you is legal. If you can not get that from them you should not be buying anything from them (spring break or no spring break).

I have never bought content - I shoot all my own stuff. SO I do not know how the deal works for the providers to prove what they have is all 18+. But from reading stuff here what I posted above is the rule you should follow.


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