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Posted

I recently met this guy that he loves to take videos and pictures while we have sex. I have never had issues with that  before and I actually enjoy it. While I never ask him ( or anyone before) I Assume the videos were private (or maybe he will share them with friends  or a fuckbuddy) but never imagine what he was doing. He was actually creating  private groups online  in different social media and pages and streaming live our sex sessions. People actually requested him to do me stuff and he did it, like piss play, spanking, feet, spitting fisting etc. and to make things worst he was selling the access  to these  live shows ( there were a total of 3 but I learned about it the last time). Also I learned he sold content online including  our videos. I told him he didn't  ask my permission to do any of that, specially the part of the live show and  selling our videos. He told me I never stopped him, that the videos were his property and that I had implicitly consented because any normal person will think that a video is meant to be view by people. I talk to 2 friends that are lawyers and  apparently  he is right if I didn't expressly told him not to film me or asked for a fee  I consented to the  video and that he is the owner of the source, and  it wasn't  a criminal act because he didn't do it as a vengeance or with the intention to hurt me or my reputation.  Have you had any experience like that, that you found your videos or pictures online without your consent? Do you thing the owner of the video should at least inform the use he is going to give to the pictures and videos?

 

Posted

Diantre! I don't think that your lawyer friends are very good. 

The guy was obviously counting on the fact that you would be too ashamed to take legal action, if you ever found out, and when confronted he just vomited and version of the 'implied consent defense' in which consent is implied if person remains silent in a situation in which a reasonable person would object to the defendant’s actions. This is used in extreme cases cases such as when medics are trying to save the life of a person who is unconscious and can't give consent for an operation, consent is implied.

Implied consent can also be inferred when a person participates in an activity in which certain action is necessary or customary. Is that your case? I don't think so because your thought you were just having sex and not shooting porn for the sole profit of your top. That's why they make spectators sign releases when shooting porn in crowded spaces.

I think that you may have a case because your assumption that the videos were for his personal use is very reasonable to me. and in any case he shouldn't be profiting from you without your consent. Things look even better for you because he made money using your image without your consent. I would sue for illegally profiting fro your property and all sorts of damages. 

I am not a lawyer, nor do I play one on TV, so take all this with a grain of salt, but I would look into it if I were you.

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