In Germany your photos are not always yours
Interesting dilemma - so nudes from you ex. are not yours any more:
There are two, often colliding, legal positions in german legislation on photography, more than hundred years old:
-) the ownership of the photographer on a physical photograph but also on all rights concerning publishing
-) the right of a subject to prohibit any publication of his image (if not being a person of public interst, unimportant part of a scene etc.)
Taking photographs of people in public spaces is free by law.
There are recent court decisions stating that the act of taking a photograph implies publication and by that can be rejected by the subject or the film/file requested.
This is quite puzzling as there no longer is legal certainty on this issue.
The title here is a bit misleading. "Revenge porn" is something a lot different to just "your photos". Nude photos taken without the victim's consent have always been illegal no matter yours or not. Nude photos taken by both's consent gets things a bit more complex and requires approval by both sides to get published.
Nude photos of models rely on the contractual terms at the time of shooting.
Public nudity is something different and I have no idea where things fall in :-)
This guy had no intention of posting the pictures online, he was just possessing the pictures.
Where is the dilemma? It seems only enforceable if you display or publish them without permission, in which case you probably deserve whatever you get. I don't think there will be any mandatory hard-drive scans at divorce proceedings.
Originally Posted by darkosaric
Nice work. You have a very talented computer.
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What if pictures were taken on film? He could have scans somewhere - but if they destroy the negatives - it is pretty enforceable (if he did not made contact prints). This question is of course more in APUG spirit , probably pictures were digital.
Originally Posted by Wayne
I don't know if I should even post this, but I'm with the court on this one. Taking nude photos of a model is one thing, expecting to keep old photos from an ex is another. It doesn't matter what the photographer wants to do with them, the fact is we are no longer living in an analog world -- it's very digital, very global, and very hard to keep your private life private (especially in the hands of others). I don't think it's unreasonable for an ex to demand that nude photos of her (or him) be deleted or destroyed (or given back to said person). Even if you were the most honest, upright person in the world, that doesn't preclude the fact that someone else may come across those photos, or steal them, and use them in a way you never intended to. Is this something any (photographer) wants? Of course not. 20, 10, even 5 years ago this probably wouldn't have made news, but there have been enough horrible incidents that have happened to people around the world that revolve around photos of them in compromising situations, that I think it's something that people have to learn to accept may be part of "break up" agreements (or even just a change of heart).
My favorite thing is to go where I've never been. D. Arbus
Not to mention thumb drives and memory cards hidden here and there... I think it is more to put him on notice that if they do show up anywhere, the court will come looking for him.
Originally Posted by Wayne
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Not in Germany in case of public nudity.
Originally Posted by zanxion72
I'm totally against this, it's idiotic.
If the woman didn't want images of her naked body to exist, then she shouldn't have allowed them to be taken, period. If she doesn't like it, then maybe she will learn not to do it in the future....
People want to take no responsibility for their own actions and their own mistakes and want to blame others.
Some of my best nude work have been intimate moments with my ex's... Of course I'm smart enough to obtain a model release, but still, they are my photos, period...
This kind of demand from the court would actually just make me lash out and post the images on the internet when I wasn't planning to... Don't mess with my photos, yes MY photos... And the government needs to stay out of MY personal business...
Good thing I'm not German...