Pornographic photos can create major contention in divorce

WHO GETS CUSTODY OF PORNOGRAPHIC IMAGES OF A MARRIED COUPLE WHO WILLINGLY AND KNOWINGLY TAKE THESE IMAGES WITH EACH OTHER, AND THEN DIVORCE EACH OTHER?
It may be prudish to say this, but I think it is dumb to take X-rated photos of oneself, even if in the confines of matrimony. Cause everybody knows by now that matrimonies break. All the time. And then, what happens to the photos?
I was reading the Palm Beach Post just now and saw this article:
http://www.palmbeachpost.com/search/content/state/epaper/2009/08/22/0822divorceporn.html
I thought it was very interesting how a now estranged couple were fighting over pornographic photos. It was telling, also, that it was the husband who wanted to publish the photos online. Actually, I think he went ahead and posted the photos, to the embarrassment of his wife.
She is now suing for monetary damages but it is unclear she will have a winning argument, becuase, as a married couple who photographed themselves in this context, creating a genre of fotos that cater strictly to the prurient interest, they both own the photographs, and either one of them can do what they want with them without permission from the other. At least, that is one argument.
The wife argues that she did not give her husband permission to publish the photographs and she only intended for him to see them, not the whole world. But the thing is, there is nothing in writing that says he is prohibited from sharing the photos with others. There is nothing in writing that limits the scope of his ownership of these pictures. When she purported to knowingly pose for these and knowingly and willfully make whatever videos or whatever the man now has on her, she was assuming the risk that her future reputation would be tarnished if the photos ever got out. Cause she ought to have known the divorce rate in this country and she should have done her calculus and said, you know what? I love you right now, you love me right now, we intend to stay married till we are 102, but since I have no way of knowing that this is how this nuptial will actually play out, there are a number of things I am not going to do. And the top of that list is making anything pornographic with your arse, cause if we ever get divorced you may publish all my business on the Internet and destroy my name and reputation in the process.
But she didn’t do that. She was a willing participant. And now she bears the consequences – and it is usually the wife who will be most tarnished by this, unless, of¬†course, the husband is running for President of the United States. Women are judged much more harshly in scenarios like this. And we are most embarrassed by it. So why do this to yourself in the first place? Why participate?¬†
I mean, don’t get me wrong. Some people are photographed, etc, and they do not know that an untrustworthy partner is setting them up in this way. That is different. You have no control over an unscrupulous person who would secretly videotape you. And god forbid, throw that up on the Internet. But when you knowingly and willingly party to this? I have zero sympathy when that filth gets out. I really do. Sorry. But I don’t understand how anyone can make these tapes, pictures and videos (JUST CAUSE THEY ARE MARRIED) and then cry foul when it winds up on the Internet with a partner turns on them.
August 30, 2009