Legal Question in Entertainment Law in California
Filming illegal Outdoor Sex in public for profit
Lets say I have a camera and I am walking along a trail in the california mountains. I see two people engaged in sex. I film them without them knowing. Can I use these images for my own gain? Please keep in mind, they are in a public place and could be arrested for what they are doing. Also, when a celebrity is filmed in public, I doubt they give the magazine permission for each photo they take. Thanks.
3 Answers from Attorneys
Re: Filming illegal Outdoor Sex in public for profit
Celebrities are famous and have almost no protection in CA. But people who aren't famous do. You can consult with our CA member if you wish.
Re: Filming illegal Outdoor Sex in public for profit
While people who are engaged in outdoor activities in public spaces do not have any "Expectation of privacy", they nevertheless may have a right to control the use of their name, likeness, voice, etc. for commercial uses.
This is a very fact specific situation, for which you need specific, custom-tailored legal advice.
You should contact and consult with an attorney in greater detail before proceeding. Your lawyer will likely need to do some research to provide you with answers you can be confident about.
We do handle this kind of thing, so feel free to contact me.
Re: Filming illegal Outdoor Sex in public for profit
While people who are engaged in outdoor activities in public spaces do not have any "Expectation of privacy", they nevertheless may have a right to control the use of their name, likeness, voice, etc. for commercial uses.
This is a very fact specific situation, for which you need specific, custom-tailored legal advice.
You should contact and consult with an attorney in greater detail before proceeding. Your lawyer will likely need to do some research to provide you with answers you can be confident about.
We do handle this kind of thing, so feel free to contact me.
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