Sexting and Camming Ownership Liability

[Secret-Silhouettes 3385]

This is not a post about who does "sexting and camming". This is a serious discussion regarding ownership of photos/video from it.

 

When one person sends the sexy picture over to the next person, is there a transfer of ownership? Does the other person now have the right to distribute that photo?

 

When a person is "camming" to another person, does that person have the right to record it and then distribute it as they please?

 

 

It is something that has always been nagging on my mind lately. I keep seeing these "my girlfriend/ my wife" pictures from men but I really wonder if it is just a person they are sexting/camming with. For me this is the main reason why I don't sext or cam- because of the ownership liability.

 

Ideas? Thoughts?

[Danielle Jackson 465]

Actually I have had that happen to me once.Met this "girl of CL and we began sexting and next thing I know an pops up with my pic on CL.With regards as to who owns the rights thats a good question

[Danielle Jackson 465]

this has happened to me.I met this "Girl" Off an Ad I Answered Off CL and of course We vegan sexting.Next day my pics turned up on an ad on CL.In terms of Who has the ownership rights that may be a little tricky.Since The pics were sent on good faith...

[Guest *l**e]

this is a huge issue. you may have seen people put up little notices that say:

"I do not give permission for any one to use my pics or likeness for any purpose. Using my pic will be considered a copywrite infringement"...blah blah blah.

 

If someone uses your likeness and makes cash of it, you have rights to sue for your cut, but if they just post your naked butt online for kicks you don't have much recourse. Captions like the one above do absolutely nothing to protect you at all.

 

I always say, if you don't want the entire world including your mom/kids to see it, don't send it...period.

[roamingguy 300292]

Once a photo goes out on the internet be it on a website or email or whatever it is out there forever and for anyone to see. You can't delete after the send button is pushed

Even if legal redress is available it doesn't undo any possible embarrassment a photo

might have

A quick rambling

RG

[Guest realnicehat]

Once a photo goes out on the internet be it on a website or email or whatever it is out there forever and for anyone to see. You can't delete after the send button is pushed

Even if legal redress is available it doesn't undo any possible embarrassment a photo

might have

A quick rambling

RG

 

Still regretting this one RG? :p

 

[Guest Lep*******1**7]

The question raised by SS is a good one, but pretty complex when trying to respond to all circumstances when a photograph or video is transmitted over the internet and then reused, modified and or distributed to others.

 

In the good 'ol days prior to the advent of the internet in 1984 it was pretty hard to distribute a photograph to a large number of people unless it was published in a newspaper, magazine or book or broadcast by TV or cinema. Distribution of photographs via the internet has made those physical barriers a thing of the past.

 

The internet was intended to be an open communication forum to allow for the greatest sharing of information possible. But this barn-door approach to digital communications has resulted in problems related to privacy infringements, harassment, libel and misrepresentation. Facebook not only collects photos and information you provide about yourself, but also information you provide about others or that they provide about you. Most privacy laws are based on the idea that you must provide your permission or consent for someone other than you to use or disclose your personal information. And yet it is almost impossible to limit the distribution of your images and information posted on a publicly availalble website. You can add a warning about the use of your information, but it is impossible in most cases to know who may have accessed, copied, modified and distributed your information anywhere the internet exists. If a private company or a government organization is misusing your information, privacy laws would give you some recourse, but as previously mentioned any investigation of your complaint would not prevent the harm that has already occured to your reputation as the "horse has left the barn".

 

Laws for intellectual property exist to protect the original ideas, works or creations of individuals or companies. Copyright laws regulate the use and reproduction of artistic creations. Registering a copyright such as an original song with the government would mean that the artist could take someone to court who uses their song without permission. Only original works can be protected based on a subjective appreciation of the creativity behind the song, book, video, or website content etc.

 

However works that are not under copyright are part of the public domain and can be freely copied, distributed, adapted and performed without permission of the author. It is not clear wherther photos put up on a website or shared with others by e-mail etc. would be in the public domain or not.

 

Under the new Copyright Act passed by Parliament, it is the photographer who owns the photographs of the subjects of the photo, unless a contract is signed to give the ownership rights to the subject or someone else. For instance, a photographer employed by a company could not claim ownership for photos taken on the job.

 

Oher laws apply if photographs are used for the purposes of threatening others, bribery or harassment. Threats and bribery would be subject to the Criminal Code. Some forms of harassment may also be subject to criminal law as well as the laws dealing with slander and libel which impact on the reputation of the individual. But there are gaps in the existing laws as a result of a couple of recent suicides involving young people who were harassed on the internet and where private photographs were mad public with the intent to shame and emotional hurt the individual. No matter what law is in place, it is very diffficult for the police to track down who exactly posted information and distributed photographs without the individual's consent.

 

Another part of intellectual property law deals with trademarks. We all know the trademarks of McDonalds, Microsoft, IBM and Coca Cola. In these cases both the name and the signs used to promote and advertize the company's products are registered with the government as trademarks. Normally a first name and surname can not be registered as trademarks unless they are so well know as to part of the company's public image. Trademarks must be orginal, distinctive and unique, so you can not use the same kind of lettering and colours used to promote 'Coca Cola' and call yourself 'Coca Coola'.

 

The last main area of intellectual property law deals with patents (i.e. original ideas and means of production for a new product or service -- e.g. Lavalife, or the Frisbee. Patents must be registered to be protected from someone using the identical idea.

 

Once registered copyright protection lasts for 50 years after the death of the creator and trademarks/patent for 15 years after registration or longer if reregistered.

 

L1957

[Danielle Jackson 465]

Awesome Research there