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Can i post a sextape online of me and my ex that i made and she willingly took part in and was aware of.

Augusta, GA |

me and my 21 year ex girlfriend made a sextape that she was aware of and taking with her permission. what law/laws would i be breaking if any if i posted it online?

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Attorney answers 6

Posted

You would be breaking the law of common sense and the law that says don't do stupid things. Why would you want to do this? Revenge? Hatred?
Just be glad for what you got out of the relationship and give it a rest.

DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com

Posted

And you want to do that because?

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

well while i was over sea in Afghanistan she decided you wanted to cheat on me plus she has several things that belong to me but because i have no proof that there mine i cant get them back

J Charles Ferrari

J Charles Ferrari

Posted

That, simply, is no reason to post a sex tape.

Posted

That would be a tremendously bad idea. Civil suits are long and costly and will keep you up at nights and haunt you when you awake. No one needs to develop a life-time enemy. If nothing else, it doubles your chance of dying from an incurable disease: your own natural chances, and then the chances of your enemy, when they have nothing left to lose.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

Daniel Gary Rosenthal

Daniel Gary Rosenthal

Posted

That last sentence is utterly brilliant.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Thank you...

Posted

Quit being creepy. Don't post things online that you KNOW are possibly hurtful to others, and were certainly private in nature.

Most importantly, quit being creepy.

The author is a Maryland attorney; however no answer given on Avvo is intended as legal advice or intended to create an attorney-client relationship.

Posted

Noting the wisdom of the previous common-sense based questions, the answer to your legal question is that you'd potentially be breaking laws dealing with the right of publicity; sometimes called commercial exploitation. Each state deals with this differently, and in in some states there are criminal penalties associated. The idea is that each person has the right to control commercial publication of their image and likeness, and to profit from any such publication. That is why performers in movies and other media sign 'model releases' which release the producer from any claims associated with the right of publicity and/or privacy. Since your ex consented to the filming, invasion of privacy would not likely be an issue, but if you decide to post the video, you could be sued for violating her publicity rights.

Disclaimer: The foregoing does not constitute legal advice or form an attorney/client relationship. Please contact an attorney for formal legal advice on any specific matter.

Posted

Let's assume that you do this. She'll sue you, you defend it, you go back and forth at each other for months. Maybe you win, maybe you lose.

But let's just say you win — CONGRATULATIONS! You're now broke from the cost of defending the suit.

The most basic rule of law is this — don't be a jerk.