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Risks of taking photos

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Risks of taking photos

Postby WickedWonder » Thu Jan 23, 2014 4:53 am

A piece of advice for everyone about taking erotic, or any nude photos which exposes any part of a subject.

The past 2 days I have sat in a court room as I was served to be a witness. It was a case of a divorced couple where the ex-wife was suing the ex-husband for invasion of privacy. I quickly became suspected of wrong doing.

I did a lengthy photo shoot session of a young woman several years prior. Seems when her husband moved out, he took the photo album of his wife's photo shoot. He then posted many of her pictures on the internet to friends, family and general public viewing. She was suing him for invasion of her privacy and a few other broken laws her lawyer came up with.

I soon became the one of interest in testimony not for doing the photo shoot but the ex-husband claimed I gave him the photos for him to spread around.

I produced the photo release paper which she signed which also includes a liability statement. After testifying that I have a clean record of never releasing any photos to anyone other than whom signed the release and a review by the judge HERSELF, she declared that me as a professional would never benefit by releasing photos to someone other than whom has signed the release. I also produced an agreement from a woman that requested I did release photos to her husband. As always these also were witnessed signatures.

Never the less, I was still called back to testify 2 more times for irrelevant questioning.

My fee for this 2 days of time wasted? $18US But the judge told me, she had no doubt that I covered myself legally and also told me, even husband and wife photos taken by each other could easily be the center of a lawsuit without proper contracts being signed.

End result, The ex-husband was ordered to pay $50K to his ex wife and received other legal ramifications.

So please people, Be careful of posting others photos. Even if your still married, you don't know what the future will hold. Yes, I have many photos of my wife which can disappear very quickly and of course are very secure from snooping eyes. And no, I would never post any of her. If she wants others to see them, she can show them how ever she wants.
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Re: Risks of taking photos

Postby Thinker » Thu Jan 23, 2014 7:03 pm

Great advice. Sorry you got pulled into this. But glad you covered your butt.
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Re: Risks of taking photos

Postby Images » Fri Jan 24, 2014 1:47 pm

It is good that you have posted this. It has long been said here that you don't need a release, to the point that some women have been warned not to sign a release. This is a good illustration of why it is important to have the release.
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Re: Risks of taking photos

Postby WickedWonder » Sun Jan 26, 2014 6:52 am

Images wrote:It is good that you have posted this. It has long been said here that you don't need a release, to the point that some women have been warned not to sign a release. This is a good illustration of why it is important to have the release.


I made it one of my rules when I was in business, No release, No photos.
Some area's laws state a couple united legally that takes photos, they are consensual and therefore both parities own them. However that only pertains to when these couples are married. Once legally divorced, the consensual clause becomes void.

I had spoken to a law professor when I was in college when I started my business and he advised me regardless of laws, always cover my ass and have those papers signed even if I was very close to the subject. My own wife? Well before we married, Yes I made her sign. Now? Ya right, don't have to worry too much. Not many photo taking chances.

Yes some women get advice from people and even lawyers against releases. But like I said NO photos. I had a lawyer write mine up in simple language so anyone can understand it and I explained to every subject word by word.
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Re: Risks of taking photos

Postby Thinker » Sun Jan 26, 2014 10:54 am

Good for you WW. Do you have any stories about interesting/weird/funny things that went on during the photoshoots? Post no pictures, of course, but the stories "behind the scenes" would be very interesting.
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Re: Risks of taking photos

Postby WickedWonder » Fri Jan 31, 2014 5:52 am

Thinker wrote:Good for you WW. Do you have any stories about interesting/weird/funny things that went on during the photoshoots? Post no pictures, of course, but the stories "behind the scenes" would be very interesting.


Yes Thinker I have several and have posted a couple. Your about the only one who replies to them so I figure no one wants to hear about them. There has been a couple that really shocked me during the shoots.
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Re: Risks of taking photos

Postby TN2Willy » Sun Feb 02, 2014 8:05 am

Hi, I would really be interested in hearing your stories too! You say
you have posted them? How would I find them?
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Re: Risks of taking photos

Postby WickedWonder » Fri Feb 07, 2014 4:29 am

TN2Willy wrote:Hi, I would really be interested in hearing your stories too! You say
you have posted them? How would I find them?


I will get one up for you in the true story section.
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Re: Risks of taking photos

Postby TN2Willy » Sun Feb 09, 2014 9:47 am

Thank you. I am looking forward to reading it!
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Re: Risks of taking photos

Postby Thinker » Mon Feb 10, 2014 8:18 pm

Go look for his story here.
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Re: Risks of taking photos

Postby DangerousDi » Sat Aug 30, 2014 3:51 pm

My husband made it very clear he would never post anything. I was the one that wanted my pictures posted on VW. So basically he never has done anything with my pictures just me. I did no face so that people he worked with wouldn't know. He had a high position. Now he has retired and started another job. So again I would have to be careful not to do anything that would affect his new job. Always a certain position he holds makes the difference.
If you don't try, you don't know if you would have failed or succeed.
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Re: Risks of taking photos

Postby DarknLadyJedi » Sun Aug 31, 2014 10:51 am

You got called into a civil trial as a witness in a professional capacity and did not charge professional fees?

Next time inform the person who wants you to be the witness that you have an hourly fee.
If you were subpoenaed as the person who released the pictures without consent you can just sue the husband for libel.
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Re: Risks of taking photos

Postby OpenMinded1 » Thu Apr 09, 2015 11:28 am

Excellent topic, and thanks for the replies too!

WW,

Were these pics where the ex-wife's face was recognizable? I assume so. What would the legal ramifications have been if she wasn't identifiable by face (mask, back turned to camera, face covered with a pillow, cropped out, etc...)?

Thx,

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