Legal Question in Technology Law in New Mexico

Posting a Photo of Myself

I an well over 18, and would like to post an explicit photo of myself on an amatuer adult website. It was taken with my camera, so no question about copyright laws. I think this is legal, but would like to make sure before I post it.


Asked on 12/07/03, 6:19 pm

2 Answers from Attorneys

Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Posting a Photo of Myself

You control the rights related to privacy and publicity and local standards govern pornography issues here. However, the copyright to the photos belong to the photographer unless otherwise agreed between you and the photographer, regardless of whose camera was used. If you'd like to discuss this further, please let me know.

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Answered on 1/02/04, 11:19 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Posting a Photo of Myself

At the present time it is safe to say that a sexually-explicit photograph such as you describe may be published on the web so long as the subject is of legal age, has given an informed consent, and the photo itself is not outside the bounds of decency within the community in which you live, that is to say, it has artistic or socially-redeeming importance and is not sick pornography. While pornographic standards vary from state-to-state, acceptable adult sexually-explicit photographs in cyber space are not currently being prosecuted by any state.

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Answered on 12/08/03, 10:24 am


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