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+--- Thread: How is this an invasion of privacy? (/showthread.php?tid=745)
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How is this an invasion of privacy? - reefdwella - 07-03-2003
See the article below from TSG, this woman flashes her titties in public and someone captures it on tape, how is it an invasion of privacy?
JULY 2--In May 1999, Michelle Padilla, her boyfriend, and their cronies headed for some R&R at California's Lake Havasu, one of the West's leading spring break/party havens. One afternoon, while Padilla--then a 23-year-old single mom--was chilling on the deck of a boat, she was greeted with the standard exhortation to, you know, "SHOW US YOUR T***." Padilla, understandably, responded by pulling down the top of her blue bikini and flashing the appreciative crowd. What she didn't know at the time was that her act was being filmed by a "Girls Gone Wild" crew. As a result, Padilla's breast flash has been included in a "Girls Gone Wild" video and DVD, and she can be seen on the firm's web site and in its pop-up advertising (in the photo of the DVD cover at right, Padilla can be seen with the words "All Real" superimposed on her chest). In a federal lawsuit filed last week--an excerpt of which you'll find below--Padilla charges that the "Girls Gone Wild" gang has invaded her privacy and, as a result, she is seeking an injunction barring further sale or distribution of the offending video and DVD. Lisa Cervantes, Padilla's lawyer, told TSG that her client is "not in the habit of doing things like that." She added that Padilla, now 27, has since married and is the stepmother of her husband's two sons, ages 14 and 11. The boys, Cervantes said, have heard "rumors" at school about their stepmom's "Girls Gone Wild" appearance. (5 pages)
The TSG Article...
How is this an invasion of privacy? - Buttmunch - 07-03-2003
Here's the deal:
Invasion of privacy - Appropriation of plaintiff's likeness under common law.
"Lack of Consent"
The State of California has made actionable the use of someone's likeness without their consent.
Hence, blame California.
You may recall that most shows/programs require a written consent to use a person's voice or likeness.
How is this an invasion of privacy? - Buttmunch - 07-03-2003
P.S. Maybe she should have thought about what she was doing before she did it, huh?
How is this an invasion of privacy? - reefdwella - 07-03-2003
Quote:Originally posted by Buttmunch
P.S. Maybe she should have thought about what she was doing before she did it, huh?
Exactly my thought.
How is this an invasion of privacy? - JimmyBlueEyes - 07-03-2003
If she didn't know she was being videotaped then she's kinda got the right to sue. These guys should have at least told her they were GGW.
How is this an invasion of privacy? - Rooner - 07-03-2003
I think she shouldnt of done something she would be ashamed of later.
Actions lead to repercussions. Thus, shes getting what she deserves. Dont think I want women to stop flashing their titties though.
How is this an invasion of privacy? - Suzie - 07-03-2003
Quote:Originally posted by Rooner
I think she shouldnt of done something she would be ashamed of later.
Actions lead to repercussions.
:disappointed:
not if she didn't know it was being taped.
As the resident flashing in public expert, I completely understand her gripe and since she wouldn't have done it had she known about the camera, she is justified.
How is this an invasion of privacy? - Six-Pack - 07-03-2003
If you do it in public, it can be shown by the public.
What if a guy is on vacation videotaping the sights, and in the corner a girl flashes. Does he then have to ask permission before showing his tape to anyone? No. Does he have the right to sue him for showing it to people? Nope. If you don't want it shown, then don't do it.
How is this an invasion of privacy? - Suzie - 07-03-2003
showing someone vacation pics is very different from marketing a tape which results in commercial profit, especially when those exploited don't get a cut.
And saying if you wouldn't want it on tape don't do it ever is ridiculous, you ever pick a wedgie? would you want that on tape?
How is this an invasion of privacy? - Ninny - 07-03-2003
I give all likeness rights to the Owners and Disributers of IAMS for use of mine and Amys tits alike for marketing purposes.