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Old 01-15-2002, 04:46 PM   #1
bhutocracy
Not making A Comeback
 
Industry Role:
Join Date: Dec 2001
Posts: 10,218
re recent public nudity discussions..



nikki of hotwired content:

"One worry everyone seems to have going into this market is over the legality of the content. How can it be legal if there are no model releases? Can I get into trouble for promoting a site with public nudity? Is this content on the up-and-up? There are few laws pertaining specifically to this issue. None address it head-on, and all cases brought before courts have been dismissed, closed out of court, or quietly settled. Keep in mind that there have been for quite a few years now 2 certain fairly large companies selling videos of this exact type of content during late night TV and on infomercials. The company that provides our public nudity content has been taking photos since the 60's, shooting video since the mid-80's, and selling videos online to a very loyal fan base since 1997.

Basically, the legalities boil down to this. Most States in the US recognize that individuals have a right to privacy, and a right to be protected from intrusions. A place where a person has this right is any place where any reasonable person would believe that she could disrobe in privacy, without being viewed, photographed, or filmed by another. Obviously, individuals appearing in a wet t-shirt contest, public Mardi Gra event, or other public place, where they are being openly photographed will have no reasonable expectation of privacy. There is also a clause that has been used obtaining to the journalistic attempt to portray those sexual aspects of society that are often overlooked of avoided by traditional media (such as public nudity, exhibitionism, lewd and lascivious behavior, flashers.) "

my only problem is that im sure content providers like web-legal aren't going to sell a product like that without release forms... oh well...
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