Abigail Elphick: Absurdist Performance Artist of the Year
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@aqua-letifer said in Abigail Elphick: Absurdist Performance Artist of the Year:
@lufins-dad said in Abigail Elphick: Absurdist Performance Artist of the Year:
I actually know a bit on the subject and it gets very murky when somebody is posting video WITH audio. Believe it or not, that is a huge distinction legally.
Yeah, fair enough. I did know that, just didn't completely think it through. I had in mind photos taken in public, which is a lot simpler. (I've had a couple of run-ins with police in D.C. about that. They were concerned I was taking photos of security stuff outside government buildings. I showed them my photos just to get them to leave me alone, because although legally I was compelled to do no such thing, I also didn't want to be put on a(nother?) list.)
In addition, most businesses actually have rules banning recording or video without getting consent from the store management. My bet is that Victoria’s Secret has such a policy, especially considering the nature of their business.
There's no way Victoria's Secret doesn't have such a policy.
It’s just that most businesses don’t choose to enforce that rule. If that is their policy, however, what is their responsibility in this situation? Are they required to enforce that rule? My guess is there could be some liability…
I think the chances of their coming down on this black woman, who's already successfully playing to the angry mob, is zero.
Oh, I don't think they come down on the black woman. I think they come down on Victoria's Secret. See, if there is a no video or recording policy at Victoria's Secret, then the case can be made that Abigail does have an expectation of privacy based on Victoria's Secret policies, and if the store management and personnel did not enforce that policy when Abigail is asking for that right, then she has a case against them. A very big case...
@lufins-dad said in Abigail Elphick: Absurdist Performance Artist of the Year:
then the case can be made that Abigail does have an expectation of privacy based on Victoria's Secret policies,
No way. The public has access to the store and she knows she was around strangers. Also, the supposed policy you're suggesting isn't clearly labeled anywhere in the store. That'd never fly.
