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LadyMischief 05-19-2005 02:52 PM

Quote:

Originally Posted by xxxlaw
2. I don't know of any "privacy right" that can't be waived by an adult model. The essence of an adult model release is the model's decision to waive privacy regarding publication of images of the most private parts of her body, and depictions of her engaging in the most private and intimate conduct, inlcluding things about her or him which are normally seen, heard, or experienced only by the model's lovers. The release of the identity information just like the release of her right of privacy in these depictions just like privileged medical information, (e.g. HIV test results) can surely be waived in the European Community. It is not any Eurpean law or European value attached to privacy that would prevent the release of the information to secondary producers. Rather, the photographers may have failed to secure appropriate release, and seemingly from the posts, photographers on both sides of the Atlantic may have misadvised the models as to the required disclosure of the identity information to their customers because they may have misunderstood the secondary producer requirements or decided to bet on the propostion that they are not valid.

As far as I'm aware, several countries in europe have Privacy laws with regards to personal information similar to the new privacy laws that are now in place in Canada. The PIPA laws (Personal Information Protection Act) make it illegal for anyone to even collect Identification without an adequate privacy release, and a further release is required in order to legally distribute those documents without the model (or law enforcement) having the ability to charge the person distributing these documents. There have already been convictions here in Canada, and when these laws were first passed I had several discussions with people in various places in Europe that said that such laws had already been in place there for sometime. Good idea to check with the content producer (if they are foreign) if they have such releases.


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