Legal question about spycams. . .?

Question

This question will be several parts and quite drawn out. . . . .

I have been studying this and I interperate the law like this . . .

1. You can take a picture of anything in your home and publish it, even if it's a friend nude in your shower.

2. You can publish a picture of anything that is in public view, even if it is someone who doesn't want their picture taken, if they are in public, they can't stop you.

3. You can publish an image sent to you on the internet as long as the person does not tell you not to (or does that even matter)

4. You can publish nude photos of your husband or wife even if they tell you not to because the photos arejoint property. (joint meaning they belong to both of you because you are married)

5. Unless a photo contains a copyright on it, once published, it becomes free domain and can be re-published by anyone.

I have been reading laws about this for over a week now. . . I would appreciate any clarification on this. . .

Please respond only with legal aspects, not moral points of view.

Answer 1

1. False, your friend had an expectation of privacy while in the shower. You can not violate that expectation by hiding a camera in there.

2. True, You hit the nail on the head.

3. True, If someone send you somthing with out a stipulation, it becomes yours to do with as you please. If they tell you to keep it private, and you do not, there is no criminal action that can be taken. Your friend can however file a cival action against you for breach of trust, or breach of contract, and that could swing either way.

4. Depends, If your husband or wife willingly posed for the photos, and knows they are in your possession. Then they are your spouses gift to you and you can do with them as you like. Joint property does not apply to personal possessions. I.E. if you get divorced, the judge will split joint property. But not personal property. For example he will not make the woman sell her makeup and split it, that is her personal property.

5. True, however keep in mind that the photo does not need a copyright on it if it is a collection of works. A website for example can be copyright as a whole, and therefore everything on it is copyright. Each image does not need to be. There is case law regarding this, but I don't remember the case name, sorry.

Keep in mind that alot of this (mainly the criminal aspects) will vary from state to state, but as a whole, you will find what i've said to be accurate.

Answer 2

I assume your talking about US law correct?

1. Depends on the state and their privacy laws.
2. Probably, although I don't like words like "anything," safe to say most things.
3. Nope. What if someone takes someones copyrighted work and sends it to you. That would not extinguish the copyright. Even if it was his work, your friend owns the copyright you have no right to use it without permission.
4. Depends on the state and the circumstances. Might be true for community property states. Also depends on who is considered the "author" of the work, or whether the husband and wife are "joint authors."
5. Absolutely not, once a original work is fixed in a tangible medium it is AUTOMATICALLY copyrighted, there is no need to register or place a notice on it. works take about 75 years of so before they become eligible to enter the public domain.

I think it goes without saying you (and some of the people that posted "answers") need to hit those books again.
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Answer 3

In most places in a business, yes. However, in bathrooms, dressing rooms, or any other place where privacy is automatically assumed, spycams are usually not legal.

Answer 4

You can, only if you have the persons consent to do it, other wise no you can not. However if there is no copyright of any type or something saying you can not or with out permission then you should be ok.

Answer 5

1) no

2) yes

3) no

4) no

5) no

But 1 out of 5 isn't bad ;)