Disclaimer: I am NOT a lawyer and this is not legal advice. This is background information only.
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There was a post in a local online group asking for advice about an ex posting boudoir photos. The subject of the photographs had gifted them years ago, and now the recipient is sharing these private images without the subject’s consent. These are causing embarrassment, and the question was if there is anything that can be done about it legally.
The answer: maybe.
Reportedly, a magistrate has said there’s nothing that can be done about it, because the pictures are not fully nude so don’t fall under the “revenge porn” statute in Virginia. The statute as written, however, also covers states of undress that exposes certain body parts. So depending on what’s actually showing, this aspect of the law might still apply. If so, the subject can clearly file a civil lawsuit to seek personal injury damages, especially if their face or other identifying marks (tattoo, birthmark) are on display.
There may also be a case for intentional infliction of emotional distress, especially if it can be shown the perpetrator knew about requests to take down the photographs but chose to not comply.
Our subject should not only send an official cease-and-desist letter (via old-fashioned Certified Mail), but also report the images to the social media site(s) where they’re posted. It’s a good idea to ask Google to remove content from search results, too.
They should also reach out to the photographer! Unless otherwise stated in their contract, the photographer holds the copyright to those photographs, generally authorizing the buyer a limited print release. Copyright sets ownership of the work along with rights to copy, display, create derivative works (e.g., a painting or drawing)… and any transfer of these rights. The ex’s distribution of the pictures in question may constitute a violation of the agreement. As copyright holder, the photographer could issue what’s called a DMCA Takedown Notice and potentially pursue an Intellectual Property case.
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I’m guessing that this discussion might bring up questions about the photographer’s potential usage of boudoir or other private images. Although according to my contract and print release, I retain the copyright of every photograph, I do ask for you to sign a model release. If you’ve willingly stepped in front of my camera, there is no perceived right to privacy. Under the law, I can use any image for editorial purposes without permission, such as when sharing information. However, if I want to sell something or promote a product or service, I need your permission to do so.
More importantly, however, is my promise: if you ask me to not share an identifiable image of you, I won’t. I’ll respect your wishes. That option exists on my model release for a reason… and I’ve removed a large number of tattoos, birthmarks, freckles, signature jewelry… and even changed hair length and color… to share anonymously. That’s my personal contract.
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Women are multi-faceted, and I love helping them share images that show their authentic, beautiful, confident shine! How do you want to be photographed? Let's meet over coffee and talk about it. Contact me: text/call 434-226-0365 or email [email protected]... or schedule a Zoom meeting online here!