Woman loses lawsuit over "Girls Gone Wild" video.

[Minimalist]

Hey, Frods, she could have led the South East Conference in blowjobs for three years in a row and now doesn't want her hubby to find out for all we know. It still amounts to asserting facts which are not in evidence. The jury which did see the evidence ruled against her. Apparently they did not consider her a "victim."

That is completely tangential to the issue at hand; it doesn't matter how virtuous or slutty she is.

Actually it is, as her conduct was apparently sufficient to cause the jury to reject her argument. However that is largely irrelevant in a legal sense. It took forever to find this but:

http://www.krages.com/ThePhotographersRight.pdf

Members of the public have a very
limited scope of privacy rights when
they are in public places. Basically,
anyone can be photographed without
their consent except when they have
secluded themselves in places where
they have a reasonable expectation of
privacy such as dressing rooms, restrooms,
medical facilities, and inside
their homes

There is an exception for "commercial use" but I suspect a lot of people will be disappointed by what this means:

The most common problem you will run into is a photo with people in it. If you are using their images for editorial purposes, it's usually okay to use them without permission.

If you are using photos with people in them for advertising, you need their permission. People have a right to profit, and exclude someone else from profiting on their photograph or likeness. This right continues after their death and is given to their heirs.

Here's an example to illustrate the difference between editorial use and advertising use. If you had pictures inside a book illustrating people skiing, you would probably not need their permission. If you put that same picture on the cover of the book, you probably (*) should get their permission.

If Jane Doe were used on the box cover or DVD label a case could have been made for a "commercial use." As that obvious legal remedy was not used I assume that the short video we see is the totality of her involvement.

* Note the use of the weasel word "probably."