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I don't think that consent by a legal guardian is ever sufficient in this sort of case. Distributing nude images of a person should require the consent of that
by jasonhansel 5y ago
I don't think that consent by a legal guardian is ever sufficient in this sort of case. Distributing nude images of a person should require the consent of that person, not (just) that of a legal guardian.
- judge2020 5y agoA non-sexual naked picture of a baby isn't much different from a clothed picture of a baby in terms of societal acceptance, which is why nobody is criticising Nirvana/UMG.
- balls187 5y agoIANAL, but isn't that why the designation of legal guardian exists--to allow someone else to make decisions on behalf of someone else? I think the point you are trying to make is that a legal guardian cannot offer consent that is unlawful, as such consent would not be valid. Perhaps that is the angle the plantiff is going for--that any oral consent given is unlawful and voided because the image was used in a pornographic way.