German Court Rules That You Can't Keep Compromising Photos After a Break-Up
mrspoonsi (2955715) writes "A German amateur photographer has found out after his ex-girlfriend took him to court, which ruled that the subjects of smutty pictures can withdraw their consent if they're naked. [News release in German.] The shutterbug was able to keep the clothed pictures, however, as they weren't considered to compromise the reputation of the woman in question."
When you take off your clothes in front of a camera you should be responsible enough to understand the consequences, just like with literally every other bad decision you can make. Love is not an excuse to be retarded.
This should have far reaching ramifications when it comes to copyright law. As long as the original video or photographs were made consensually or in public then the photographer owns the copyright. I don't see how that can be undone. It also should open the door for further defining what exactly entails "compromising the reputation". What if someone takes a (non-sexual) photograph of a person cheating in public? Or a video of someone acting like a jerk? Those would also compromise the reputation of the subject. I wouldn't be surprised if this gets overturned higher up.
Better known as 318230.
This posting needs a better link. One that actually has some information.
Several countries have the right to pictures with you in them declared legally. The right to your portraits. This means that under certain circumstances, you can withdraw previous implicit permissions, because you did not sign a waiver.
I was promised a flying car. Where is my flying car?
I see that Americans are already blowing it out of proportion.
Remember: German legal system isn't based on precedents.
This ruling relates to a particular case and is valid for that single particular case. Nothing else. Other judges deciding other cases might or might not pay it any attention.
Otherwise, the result is not surprising and in line with several legal initiatives in USA, targeting the "ex-GF revenge" sites.
All hope abandon ye who enter here.
Does this mean I can remove all the pictures of me drunk on Facebook???
Are you naked in them?
so had her cock been smaller than yours it would have been a fine evening?
Unfortunately the screwy way copyright and the like work in the US, you get stupid things. Like my parents can't even make a digital print of their wedding picture. Because it's technically copyright to the photographer (who's dead) and the studio (which has been out of business for 35 years).
Never mind that the picture was a work for hire.
Never mind that they're the subjects of the picture.
Never mind that the picture itself is fading and they're doing this for preservational purposes.
I'm sorry, who is the stupid people here?
The people who make the laws without realizing the consequences that law will have every situation, or your parents (actually I'm referring to you, because you know better) for letting a stupid law trump common sense and digital preservation of something that is important to them, and in extent, your whole family?
Granted I know you are making an example, but it sucks. You are saying your parents can't make a digital copy of their wedding photos, when they can very much go make a digital copy of their photos. No one will stop them. Unless someone in their family got all bent out of shape because that broke some copyright law no one knows or cares about and won't let your parents make copies of them (and yes, I am looking at you for this.)
So either your story is bullshit, or you just made up parts to fit the convo here. Or I guess you are dumber then a box of rocks and the apple didn't fall far from the tree?
Be seeing you...
Most photo printing places, including WalMart or Walgreens, will refuse to print the pictures without a written release from the photographer. I had a friend (who did photography as a side business) take pictures at my wedding. I was given the raw files and did all the post work myself. Without a letter they still refused me even though they were my pictures to print. Since I wasn't doing anything sketchy, I printed up my own release form. I also had to give copies of that form to everyone in our extended families.
What about oil paintings? Didn't a lot of the Old Masters paint nudes? I bet some of them broke up with the subjects of the painting too.
Unfortunately the screwy way copyright and the like work in the US, you get stupid things. Like my parents can't even make a digital print of their wedding picture. Because it's technically copyright to the photographer (who's dead) and the studio (which has been out of business for 35 years).
Never mind that the picture was a work for hire.
Actually, it probably wan't a work for hire; the contract probably allowed the photographer to keep the rights to the photo. After all, selling prints is how they made money. If you want the negatives and rights the costs for the shot would be higher since they would not make any money off of prints.
Never mind that they're the subjects of the picture.
Largely irrelevant. They photographer, unless the contract allowed it, couldn't sell the picture for say an advertisement for a store without a model release but simply being the subject doesn't give them rights to the picture. YMMV, depending on local laws and how famous the subject.
Never mind that the picture itself is fading and they're doing this for preservational purposes.
Given the circumstances, I would go ahead and make a digital copy. I doubt anyone will come after them.
I'm a consultant - I convert gibberish into cash-flow.
Wait, so you're not allowed to masturbate while thinking of someone once you break up with them? It's now immoral to have sexual fantasies?
Does this mean a girl who masturbates while fondling a diamond ring she got from her ex needs to return the diamond ring?
Now laws like this need to be adopted by every country in this world, for the benefit of anyone, male or female.
Allowing withdrawal of consent after-the-fact has a hell of a lot of pretty damned scary implications that go way, way beyond shutting down "revenge porn" sites.
Personally, I would consider allowing someone to take pics of me during sex as more serious, due to its permanence, than the sex itself; so what happens when someone decides to withdraw consent for the actual sex (outside Sweden, of course, which already sets a precedent for rape-after-the-fact, and it has left them with the single most castrated male population on the planet)?
Not a good precedent. Attack the actual problem, don't create a tar-pit of a legal loophole to avoid directly addressing the problem. Hell, that same idea applies to most of the BS "X when done on a computer" crimes we so often rail against here on Slashdot. Why does the same thing get a pass when talking about "when done nude"?
Umm ... if you're in court asking this question, yes ... you're reputation is pretty fucked, no matter what the photograph contains.
Unless you are planning to make stripping and oblong vegetable porn a career - DON'T. LET. ANYONE. PHOTOGRAPH. YOU. WITH. A. ZUCCHINI. IN. YOUR. <ORIFICE>! Just don't do it. It's that easy folks to keep a good reputation with the puritans amongst us.
Left MS Windows for Linux Mint and never looked back!
Vote for Bernie in 2016!
But then later withdraw that consent and file rape charges against your partner.
Unless some A**hole posts private pictures after a break-up (or even during a relationship - most likely causing a break-up) - how is anybody going to prove somebody still has any pictures, or from the other side, prove that they deleted compromising pictures?
How long will it be until legislators, courts, etc. arrive in the 21st century? Or the late 20th, for that matter ... that would already be an improvement ...
Not the same thing. Porn 'stars' sign a contract before they appear in films or magazines or whatever, just like models or other entertainment professionals. Thus there is a legally binding agreement covering who owns the rights to the resulting media preceding any photos or videos being created, which is a very different situation indeed to the one we're discussing now.
the article clearly states its all about distribution of these photos, which is a totally different thing and aims exactly at preventing revenge-porn-sites and similar crap. Of course you can keep smutty stuff if you dont release it and/or show it to others (though I think its your job to prove you didnt)
What really worries me about this is that such a thing cant be enforced or checked without decrypting all my storage, how unrelated it may be.
I find that court rulings should have the property of being enforcable without confiscating all of my stuff if i am not guilty (or accused) of any crime.
"...then later withdraw that consent and file rape charges against your partner."
Haven't you noticed, this is exactly what's been going on the last few years.
Well, women can already withdraw consent after sex (in some cases a long time after) and get men to prison for rape, this is just a milder case of that.