Vanessa Hudgens Claims She Owns Copyright On Nude Photos Of Herself
from the lawyers-might-disagree dept
As we've discussed in the past, the subject of a photograph does not have any copyright claim on the image. The copyright is, instead, granted to whoever took the photo (amusingly, yes, this means that if you hand your little point-and-shoot to a random stranger to take you photo while on vacation, technically, that stranger owns the copyright on the photo). This is something that people often confuse -- as they assume that the subject has a copyright on the images. Copycense points us to the news that actress/singer Vanessa Hudgens isn't just suing some blogsite for posting nude photos of her, but is claiming copyright on the photos, saying she took them herself. I haven't seen the photos, so I'll rely on the claims at that link that the photos show her posing, with no indication that she is the one taking the photos. It is possible that the photos used a timer, I guess, but other reports have said that the photos were cameraphone photos, which usually don't have timers. As such, it certainly sounds like it might be a case of copyrfraud to falsely claim copyright on images where you do not, in fact, hold the copyright. That said, it's hard to be sympathetic to a site posting nude photos of someone who does not want them posted -- though, you have to admit that it's odd that these photos were registered with the US copyright office.![Hide This Hide this](https://ii.techdirt.com/s/t/i/topclose.png)
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Filed Under: copyright, photos, vanessa hudgens
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:P
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Too many assumptions and jumping to conclusions without evidence.
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However, before you can sue for breach of copyright they do have to be registered. Since Vanessa is suing over the photos either they are registered, or she/her lawyer is dumb.
Disclaimer: I'm not a (copyright) lawyer, so it could always be me that's dumb ...
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It's my understanding that the Photographer gets the copyright unless it's specifically transferred / waived (thus copy-shops refusing to copy wedding photos, etc) but a model release is required before the photographer can do anything else with the photos. The photographer has 'copyright', the subject(s) has/have 'privacy rights' or something similar.
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'though, you have to admit that it's odd that these photos were registered with the US copyright office.'
Note that they WERE registered? Reading comprehension. It's your friend.
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Response to: Anonymous Coward on Jan 8th, 2010 @ 8:30am
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Response to: Anonymous Coward on Jan 8th, 2010 @ 8:30am
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A little off...
The director of a film, in the absence of an agreement to the contrary, owns the copyright in the film -- not the cameraman.
Now, if Ms. Hudgens "directed" the photography, then she would actually be the copyright holder.
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Re: A little off...
Incorrect. The producers own the copyright as they're the ones who fund the film to be made.
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The contract between the producer and director (and cameramen, actors, etc) will state who owns the copyright - as does the contract for wedding photographers.
For wedding photos in my experience the photographer owns the copyright. As for films, I'm not a director/producer so can't comment there ...
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Re: Re: A little off...
It's not the producers that were argued against earlier, but the photographer. The example that was given, was if you ask a random passerby to take a picture of you, HE then has the copyright. This is a ridiculous interpretation of the law, most anybody can see that.
But even your strawman, the producers, are weak. It ain't necessarily so. I can see that you would think that, being a capitalist and all that, but it's actually the director. read a lawbook.
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Misc. points
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Every camera taking pictures of cars at intersections send out model release forms to people who happen to be walking nearby?
If you are in public, I can take your picture. I can also put it on my website and I don't need your permission. You were in public.
If model release forms were required, then the paparazzo would never be able to sell photos of celebrities and the gossip mags could not publish them.
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Re: Re: Misc. points
I think you are only partially correct in what you are saying. There is a significant difference between incidentally taking a photo of someone and intentionally taking one.
I would think that anyone incidentally included in a photo would be acceptable, but I think that I could probably make a pretty good arguement to remove one intentionally taken of me depending on how it was used.
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In this case the subject is a celeb and I think therefore less protected because they're already not a 'private person', which is why they're doing the copyright thing instead.
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After some exhaustive research...
Honestly she's embarrassed about it and doing whatever she can to make it go away. I wouldn't even try to hit her with a bogus copyright claim because she's going to suffer enough just for publicizing it this much.
I hereby release this post under the WTFPL v2.
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I looked it up
(considering how clean the pics are, they are clearly also leaked on purpose.)
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If the photographer hired the model, then the photographer owns the copyright.
All of that can be changed by agreement via a signed contract.
Copyright laws are different from country to country. If Ms. Hudgens filed these with the Copyright Office, AND she could produce the original files (ie: straight off the camera without having had any editing and all the exif data intact) and can produce the camera (or phone) which they came from, she could have a case.
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It seems anyone can do anyone and then hide behind so called freedom and laws. If walk down the street picking my nose, some fool can snap my picture and put it up on the web, and there nothing that I can do about it? Then it goes viral, losers go ape shit, and start stalking me to see if I do it again. Now my life becomes a public mess, and yet there is nothing I can do, because there is no one to sue, and apparently no laws were broken....
Is this what the founding fathers wished for us? Is this the height of our so-called enlightened society? It seems some where along the way we got lost in the shuffle and resorted back to the BS that plagued Europe before America became a nation.
/rant off --- its no wonder why so many people lose them selves in online MMORPG rather than embrace reality....
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Depends
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Huh? Ohhh, never mind. I think I misunderstood what the article was about.
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http://youexposed.net/celebs/celeb
In it, she is clearly NOT holding a camera. However, she could very well have used a timer to take the photo. Most digital cameras today have them.
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vanessa hudgens nude photos
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vanessa hudgens photo's
The pictures were taken by her, while she was underage, to send to a fellow she wanted to be her boyfriend.
So yes there is a child pornography issue. And i think it is safe to say there is an intent to distribute child pornography issue here as well. i would think though that the photo's in general contstitue fair use for news "teen star girl makes ass of herself in child pornography ring" sort of way.
At least my boy has good taste.
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you can find the pics here
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I have a dilemma. So my boyfriend took a large amount of naked photos of some girl while skyping on my computer - so they are now saved onto my computer. I would quite like to upload said pictures on to the web with some humourous comments and her full name and email address etc. Is this risky? Who owns the copyright on these photos?
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Not automatically child pornography
But presumably, in this context we're referring more to the pubescent years -- say, ages 12 to 17. But even then plenty of examples can be found. The photography of Jock Sturges and David Hamilton, both of which feature extensive pubescent nudity, have been sold in the states for decades.
And here's a short list of underage nudity in mainstream movies, listing actress (movie, age at time of photography):
Brooke Shields (Pretty Baby, 12)
Shirley Mills (Child Bride, 12)
Olivia D'Abo (Bolero, 14)
Keira Knightley (The Hole, 15)
Olivia Hussey (Romeo & Juliet, 15)
Thora Birch (American Beauty, 16)
Milla Jovovich (Return to the Blue Lagoon, 16)
Cristi Harris (Night of the Demons II, 16)
Phoebe Cates (Paradise, 17)
Michelle Johnson (Blame It on Rio, 17 - full frontal).
Underage nudity is only illegal in the US if it involves lewd or lacivious conduct.
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THE DEBATE!
THANK YOU!
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SORRY GUYS
THANK YOU
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thanks alot!
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NO, YOU THANKS ALOT!
THANKS SWETTSEX
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You're welcome!
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Were Hudgins, pix leaked for revenge?
I'm curious as to what the FBI turns up in there current investigation of the nude photos scandle.
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