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"Hi all, last night was my first 4some - awesome, except that the guy took photos, and maybe film, even tho' I'd asked him several times not to. So I left, quite cross, this morning they've blocked me. Can I do anything to stop him posting / using those pics?" In future don't get yourself involved in those kind of situations | |||
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"Hi all, last night was my first 4some - awesome, except that the guy took photos, and maybe film, even tho' I'd asked him several times not to. So I left, quite cross, this morning they've blocked me. Can I do anything to stop him posting / using those pics?" So he continued recording you after you asked him to stop several times? And you didn't leave after the first time ? Christ, and people wonder how some folks end up in vulnerable positions. For the record, I would have either personally cleared the memory or, if that was resisted, take the fucking camera home with me | |||
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"...the guy took photos, and maybe film, even tho' I'd asked him several times not to. " It was appalling bad manners of him to take pictures without getting your permission first. However, you should have left, after asking him ONCE... not several times. If he publishes them on the Web, the police will only be able to take action if you can show them the site(s) where they are appearing. And they may still be unable to take action if they are published on sites which are hosted outside of the UK. Next time, pick your playmates more carefully, and leave AT ONCE if they do anything you are uncomfortable with. | |||
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"If you were in his home, he has the right to take photos/video. " No he doesn't. People have been jailed for filming them and thier oartners having sex without thier permision. As she explicity told him he did not have her consent with witneses she could take him to court. | |||
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"Sorry ...seems like you're fucked ..." be nice to see the pics tho | |||
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"You have the right to photograph anyone in your own home. " You have the right to photograph anyone in your own home UNLESS they have the reasonable expectation of privacy. Having sex with someone (even if you are in their home) you have the reasonable expectation of privacy. In your example of the over-zealous salesman, he didn't have the reasonable expectation of privacy. It is the nature of the sexual act which bring with it the reasonable expectation of privacy. | |||
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"You have the right to photograph anyone in your own home. I had this personally confirmed by the police when an over-zealous window salesman started giving me the hard sell. I began shooting video on my phone to which he objected, and I pointed out that I can photo/video him as long as he stays in my home. This was confirmed when the police were called as he refused to leave. Inside your own home you can photograph anything that takes place. HOWEVER, that material cannot be posted to any video sharing sites without the permission of everyone in the video. And I am not defending the actions of anyone who photographs a swinging meet without the consent of everyone involved. Just pointing out the legalities...what the OP can and cannot do. If footage appears on any sites, the OP can ask to have it removed and can take a complaint to the police." Its very differnt filming a salesman and filming a sex act. One has the expectation ot privacy. And also breaks the voyeurism laws. People have gone to jail for it | |||
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"You have the right to photograph anyone in your own home. You have the right to photograph anyone in your own home UNLESS they have the reasonable expectation of privacy. Having sex with someone (even if you are in their home) you have the reasonable expectation of privacy. In your example of the over-zealous salesman, he didn't have the reasonable expectation of privacy. It is the nature of the sexual act which bring with it the reasonable expectation of privacy." Exactly no jury in the land will ever agree that somone having sex in a private residence does not have the reasonable expectation of privacy. And again there are specific laws covering sexual activity that wouldnt apply to your salesman. | |||
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"You have the right to photograph anyone in your own home. You have the right to photograph anyone in your own home UNLESS they have the reasonable expectation of privacy. Having sex with someone (even if you are in their home) you have the reasonable expectation of privacy. In your example of the over-zealous salesman, he didn't have the reasonable expectation of privacy. It is the nature of the sexual act which bring with it the reasonable expectation of privacy." ^^ This right here. I write about the legalities of photography sometime, and this just about covers it in the UK. You can photograph anyone, pretty much anywhere. Unless they have a reasonable expectation of privacy (and 'reasonable' is different for different people and different places. I would go so far as to say that a judge would not think that a swinger had a reasonable expectation of privacy since they engage in promiscuous behaviour, shagging strangers in their houses.) BTW - to the chap above who mentioned model releases - no. You are incorrect. You do not require a model release in order to publish photographs of someone (however you might need proof of their age, depending on what kind of material you are publishing.) | |||
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"For the voyeurism law to come into force, the intention would have to be to share the photos with a third party - sharing the material online or physically. "A person commits an offence if he records another person doing a private act, and he does so with the intention that a third person will, for the purpose of obtaining sexual gratification, look at an image of the other person doing the act, and he knows that the other person does not consent to his recording the act with that intention." So it does all seem to point to little recourse being available unless the OP has evidence that the person taking the photos/video intends to share the material. Now it is certainly arguable that sharing the material so that people get get off on it is likely to be the intention, but until the material appears somewhere it's very difficult (if not impossible) to prove. First step would be to report the member to Fab admin." I think you would struggle to argue, in todays world, that you were only taking this kind of picture for your own eyes. | |||
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" I think you would struggle to argue, in todays world, that you were only taking this kind of picture for your own eyes." Possibly but burden of proof always lies with the prosecution. If the person taking the photos can demonstrate that they've never uploaded them to any sites, and nobody can find a third person who has seen them, I doubt I would vote "guilty" if I were on a jury. Again, I am not defending this person's actions...photographing a meet without someone's consent is a horrible thing to do. Anyone in the OP's situation might be worried for months about possible consequences. Consent is a big part of sex, and I firmly believe that includes photographing a session...but the law may well permit it. I am still unable to find anything relating to "reasonable expectation of privacy" applying to one's own home. The Voyeurism law does not stop taking photos of someone committing "a private act" without their consent...only sharing those photos with a third party for that third party's sexual gratification. | |||
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" Possibly but burden of proof always lies with the prosecution. If the person taking the photos can demonstrate that they've never uploaded them to any sites, and nobody can find a third person who has seen them, I doubt I would vote "guilty" if I were on a jury. " It's impossible to prove that you've not uploaded an image onto the internet. The very fact that the individual was asked to stop and then carry on would suggest malicious intent here. | |||
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"Where did the event occur ?" It might well be more clear cut if it occurred away from the host's home. Was it a hotel? Or more interestingly a club? If the latter, the club will want to know and may well take action. | |||
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"Where did the event occur ? It might well be more clear cut if it occurred away from the host's home. Was it a hotel? Or more interestingly a club? If the latter, the club will want to know and may well take action." What action ? Even on private property you can only be asked to stop . They don't have any rights over the images nor can they make you delete the images or even demand to view them . The person who took the image owns the copyright and can do pretty much whatever they want with it sadly. You live and learn from things like this and don't put yourself in a compromising situation if you don't want the possibility of things like this occurring. | |||
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"Where did the event occur ? It might well be more clear cut if it occurred away from the host's home. Was it a hotel? Or more interestingly a club? If the latter, the club will want to know and may well take action. What action ? Even on private property you can only be asked to stop . They don't have any rights over the images nor can they make you delete the images or even demand to view them . The person who took the image owns the copyright and can do pretty much whatever they want with it sadly. " They would however have the right to have you prosecuted for voyeurism. You cant just film people having sex without thier consent and then do whatever you like with it. By making it they broke laws if they uploaded it anywhere or shared it they'd break more laws. Do you really think the law is that much of an ass that this issue never got covered? | |||
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"Hi all, last night was my first 4some - awesome, except that the guy took photos, and maybe film, even tho' I'd asked him several times not to. So I left, quite cross, this morning they've blocked me. Can I do anything to stop him posting / using those pics?" We only accommodate at ours because i'm fearful of that very thing happening.Sorry to hear that happened to you.Sadly i think you may have to put that one down to experience | |||
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"BTW - to the chap above who mentioned model releases - no. You are incorrect. You do not require a model release in order to publish photographs of someone (however you might need proof of their age, depending on what kind of material you are publishing.)" That's almost true for the UK (different story if photos are to be published internationally, particularly the US). In general (ignoring the fact the photos were of a sexual nature) the rights to any image taken by a photographer in the UK automatically belong to the photographer (the people in the photo have no rights to them...unless they are a public figure in which case they have a right for their 'name, fame and image' not to be exploited). For photographs that are obviously posed, taken with strobe lighting etc, the assumption in the UK is that the people in the photos must have given their consent or it wouldn't have been possible for the photo to be taken; and hence a model release is not required. This would be harder to argue with a photo that is 'candid'. Where it also becomes a grey area is images posted on a website as even if the intention was only for them to be seen in the UK, they can also be seen elsewhere. To avoid any doubt I always get releases signed and rights clarified/assigned/agreed. Slightly OT, sorry. | |||
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"I take lots of pics on various meets..I will in most cases ask for it being ok to display on MY profile if I'm in the pics. Over the years I've met couples though, happy to take their own pics but not let me take any.......its quite a turn off.even worse when they('they') decide not to mail any back... on a few profiles(sorry those I've met IF you are reading),I've found myself almost full facial in various shots.... something I'd never do to anyone.." It's a tricky one I think and down to personal feelings. I like to be in control of any photos if I'm organising and will make sure that's clear before arrangements are made. I do love to share though being the exhibitionist I am so always send pics on. Showing you full face on their own profile without permission is a crappy thing to do . | |||
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"You have the right to photograph anyone in your own home. You have the right to photograph anyone in your own home UNLESS they have the reasonable expectation of privacy. Having sex with someone (even if you are in their home) you have the reasonable expectation of privacy. In your example of the over-zealous salesman, he didn't have the reasonable expectation of privacy. It is the nature of the sexual act which bring with it the reasonable expectation of privacy." Too right - and I don't think anyone should be blaming the OP here. If someone else violated her consent then her response or timing is not the issue, whether that breach was unwanted touching or in this case recording the act. Are the site admins able to help in this situation? At the very least they'd have his IP logged if the images did start showing up elsewhere. | |||
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"If you were in his home, he has the right to take photos/video. No he doesn't. People have been jailed for filming them and thier oartners having sex without thier permision. As she explicity told him he did not have her consent with witneses she could take him to court. " Agree completely. Filming a con artist salesman in your home is legal. Filming someone in your home having sex without their permission is not allowed. There is a mass of case law and numerous successful prosecutions to prove the point. It all comes down to the right of privacy. The salesman had no right to privacy. Someone having sex very definitely does. What they did was clearly against the law. | |||
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"If you were in his home, he has the right to take photos/video. However, if he posts any material without your permission then he is breaking the law and can be prosecuted. In addition, if you find any material on a website, email the organisation saying that a video/photo of you is on their site without your consent and most will remove it. Someone I know was in this situation, and by the time she found the video it had spread to several well known sites...but all removed it on request. While it is legal to take photos of guests in your own home, it is the height of rudeness to do so. You certainly won't be going back to them. If you know their username you could also complain to Fab. Such behaviour spoils this for all of us in the end." It is NOT LEGAL to take photographs of a third arty if they specifically ask you not too..It is illegal to post 'indecent images' regardless of whether permission was given. .and if you want to go down the legal or illegal route check out what the law calls private..three is a crowd but not private! | |||
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"If you were in his home, he has the right to take photos/video. No he doesn't. People have been jailed for filming them and thier oartners having sex without thier permision. As she explicity told him he did not have her consent with witneses she could take him to court. " I agree with this. Filming without permission is an offence even when non sexual. There is also revenge porn legislation which leads to two years imprisonment and fine. And police have ways of removing content from sites. She could also contact police now and get them to pay him a visit, find said camera and computers and delete them for her. And don't feel bad about doing it. THEY were in the wrong, not the victim. | |||
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"If you were in his home, he has the right to take photos/video. However, if he posts any material without your permission then he is breaking the law and can be prosecuted. In addition, if you find any material on a website, email the organisation saying that a video/photo of you is on their site without your consent and most will remove it. Someone I know was in this situation, and by the time she found the video it had spread to several well known sites...but all removed it on request. While it is legal to take photos of guests in your own home, it is the height of rudeness to do so. You certainly won't be going back to them. If you know their username you could also complain to Fab. Such behaviour spoils this for all of us in the end. It is NOT LEGAL to take photographs of a third arty if they specifically ask you not too..It is illegal to post 'indecent images' regardless of whether permission was given. .and if you want to go down the legal or illegal route check out what the law calls private..three is a crowd but not private!" The law being the wonderfully adaptive thing that it is says "reasonable expectation of privacy" Now do you think a average normal person would say they would not expect privacy when having sexual intercourse, even if there are more than 2 people in a private reaidence? Of course not. So yes it would be covered or at he very least left uo to a jury to decide if it is reasonable. | |||
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"Hi all, last night was my first 4some - awesome, except that the guy took photos, and maybe film, even tho' I'd asked him several times not to. So I left, quite cross, this morning they've blocked me. Can I do anything to stop him posting / using those pics? So he continued recording you after you asked him to stop several times? And you didn't leave after the first time ? Christ, and people wonder how some folks end up in vulnerable positions. For the record, I would have either personally cleared the memory or, if that was resisted, take the fucking camera home with me " | |||
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