No, regardless of whether the images gets shared or not...the screenshot...if not explicitly consented...is a violation of their privacy...and copyright.
can you **** off with your COPYRIGHT INFRINGEMENT. This thread is about ETHICAL and MORAL dilemmas not about COPYRIGHT INFRINGEMENT>
Personal pic is protected in Canada? A non commercial or non artistic work? Might want to read this :
copyright means the rights described in
- (a) section 3, in the case of a work,
- (b) sections 15 and 26, in the case of a performer’s performance,
- (c) section 18, in the case of a sound recording, or
- (d) section 21, in the case of a communication signal; (droit d’auteur)
source :
https://laws-lois.justice.gc.ca/eng/acts/C-42/page-2.html#docCont
which shows their can be moral infringement but it has nothing to do with ethics or morality as laid out in the debate or common usage.
tldr? unless you copywrote your image as a performer etc, or it is a commerical/artistic work its fair game.
I agree its a violation pf privacy but Privacy laws are weak to non existent in canada-
https://www.lexpert.ca/legal-insigh...ntario-court-of-appeal-on-privacy-tort/373145
Can you imagine going down to the government/lawyer and bitching that a nude photo you took and sent to someone, was possibly saved?
Stuble: "hey i sent this guy a nude photo of me"
Joe Biden: "and?"
Stuble: "and i no longer consent to him having it"
Joe Biden: "how do you know he screenshotted or saved it?"
Stuble: "because i sent it to him and regret it and that is copyright infringement"
Joe Biden: "how do you know he COPYRIGHT INFRINGED you"
Stuble: "because i sent it to him"
Joe Biden: "but how do you prove he saved it?"
Stuble: "because i sent it to him, i dunno"
- 162.1(1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty
- (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or
- (b) of an offence punishable on summary conviction.
Federal laws of Canada
laws-lois.justice.gc.ca
Unless that image stays on the original device in it's original form it can be argued that it's a form of transmitting as a technical definition could be argued to be that the intended form was shared in another manner.
how is it staying in the "original device" when the ACT OF SENDING IT literally reproduces it. You can also argue that the recipient never consented to receiving said images. What if the recipient says he retroactively removes his consent? does that then make the sender is the RAPIST?
you said a personal pic was protected by
copyright. Now you moved to the criminal law, ok. The problem is the debate creator explicitly removed issues of sharing as an aspect of the debate (something I think was a mistake)
https://forum.chat-avenue.com/threa...reenshotting-nudes.947332/page-3#post-1249264
in fact youre now restating my original point here:
https://forum.chat-avenue.com/threa...reenshotting-nudes.947332/page-3#post-1249263
It can be considered a breach of trust.
- It can be argued that these images are assumed to be private. More arguable when sent through the means of an app where images are removed by default but no context was given in this debate.
It can be considered consentual/contextual.
- It can be argued that these images are being consentually sent with the assumption they can be saved. This is blatantly common sense.
Thats why i specifically stated not sharing.