Legal Question in Civil Rights Law in Michigan

Video posting

Is it illegal to repost a home made naughty video someone sent you?


Asked on 7/26/07, 5:47 pm

2 Answers from Attorneys

William Morrison Action Defense Center

Re: Video posting

If the naughty video is ponography featuring underage children, yes.

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Answered on 7/26/07, 6:42 pm
John Mitchell Interaction Law

Re: Video posting

I offer my reaction, neither as your attorney nor as legal advice, but merely to point you in the direction you may want to look for both.

Even if �home made�, it sounds as though the video is a work protected by copyright belonging to the author. If you were to post it without the consent of the author of the video, you would, be subject to liability for infringing the right of reproduction and public performance belonging to the author.

You also mention that this is a �naughty� video. Whether that means someone is placed in an embarrassing situation (and might have a claim for invasion of privacy or exploitation of their image) or that it might cross the line and constitute an obscene video, I do not know, but suggest you act with extreme caution.

If posting it is important to you, obtain the author�s permission, and consult with an attorney in your state who can review it and advise you whether, in addition to the author�s permission, you would also need the permission of those appearing in it or should be concerned with the applicability of obscenity laws.

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Answered on 7/26/07, 6:50 pm


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