I know she'd never give me permission and we aren't on speaking terms to ask. However, I own the material and would like to share it. I'd rather not break the law if it can be helped.
If you'd rather not break the law, then don't do it. It boggles my mind that you would even consider such a thing under the circumstances you outlined.
P.S. This got categorized on as an Entertainment Law question, which it clearly is not. I changed it to the proper category: Criminal Defense.
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
Do not do it. It may be considered revenge porn which is a crime. You can also be used for invasion of privacy if you do not have a release to use her image.
If your intent is to not break the law, then don't do it. California has recently enacted "revenge porn" laws that criminalize the posting of intimate pictures without the consent of BOTH parties. As you've indicated she would never give consent, you may not post them.
The actual peb code on point is 647(J)(4) which makes it a crime to publish nude images of it is understood by at least one of the parties that they will remain private.
The answer to your question is Yes and you would need it in writing. Any other use of those nudes on your site would violate California's Revenge Porn law and its Right to Privacy law. Oh and by the way, its also just a sh##ty thing to do even if it were legal.
